Elections in India: Major Events and New Initiatives 1996-2000

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ELECTION COMMISSION OF INDIA

ELECTIONS IN INDIA

MAJOR EVENTS & NEW INITIATIVES 1996-2000

ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI - 110 001

ELECTIONS IN INDIA

MAJOR EVENTS & NEW INITIATIVES 1996-2000

ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI - 110 001

© Election Commission of India, 2000 Published by Publication Division, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001 Tel : 91-11-3717391, 3717392 Fax : 91-11-3713412 Website : www.eci.gov.in Produced for Election Commission of India by Corporate Communications Division, India Tourism Development Corporation & Printed at M/s. Tarun Offset Printers, New Delhi - 110064.

CONTENTS

PAGE NO.

CHAPTER Foreword

111 - X l l l

Part I - Electoral Events 1 - 10

I

Introduction

n

General Election to Lok Sabha, 1996 along with General Elections to Legislative Assemblies of the States of Assam, Haryana, Kerala, Tamil Nadu and West Bengal and Union Territory of Pondicherry

11 - 27

m

General Election to Lok Sabha, 1998 along with General Elections to State Legislative Assemblies of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura

29 - 53

IV

General Election to Lok Sabha, 1999 along with General Elections to State Legislative Assemblies of Arunachal Pradesh, Andhra Pradesh, Karnataka, Maharashtra and Sikkim

55 - 89

V

State Assembly Elections separately held during 1996 to 2000

91 - 144

VI

The Presidential and Vice-Presidential Elections, 1997

145 - 154

VII

Bye-elections to Lok Sabha and Legislative Assemblies - 1997 to 2000

155 - 180

VIII

Council of States - Biennial Elections and Byeelections - 1996 to 2000

181 -214

IX

State Legislative Councils - Biennial Elections and Bye-elections - 1996 to 2000

215 -247

CHAPTER

PAGE NO.

Part II - New Initiatives X

Electoral Rolls - Revision, Computerisaton and Improvement of Systems

251 - 269

XI

Electronic Voting Machine

271 - 291

XII

Media and Elections

293 - 321

XIII

Electoral Laws and Regulations : Recent Amendments

323 - 329

XIV

Electoral Reforms : Comprehensive Proposals of Election Commission

331 - 347

XV

Political Parties and the Commission

349 - 356

XVI

Information Technology and Elections

357 - 369

XVII

Other Initiatives

371 - 398

(i)

Electors' Photo Identity Card (EPIC) Programme

371 - 375

(ii)

Election Observers

376 - 382

(iii) Counting Procedure and Arrangements

383 - 387

(iv) Training in Electoral Management &

(v)

Administration

388 - 391

International Co-operation

392 - 396

(vi) Publications

397 - 398

Dr. M. S. GILL CHIEF ELECTION COMMISSIONER

FOREWORD I am pleased to be able to present this Report, for the period 1996-2000, on some of the activities of the Election Commission of India. The last report was published 13 years ago, and we are, therefore, happy to revive this tradition, in the hope, that the Commission will in future, be able to publish such reports at regular intervals. During all these years, the Commission has been publishing, only statistical reports, relating to various elections. These give no indication of the work and effort, made by the Commission, to ensure fair and peaceful elections, or to indicate the many problems, that the Commission invariably has to encounter, during elections. This Report revives the tradition of publishing detailed narrative reports by the Election Commission of India, giving a comprehensive account of electoral events in the relevant periods. In the past, the statistical reports, naturally gave no indication of the Commission's endeavour, to improve the electoral system. During the last 4 years, the Commission has made major efforts in various directions, to modify systems, and taken numerous new initiatives, to enhance the capability of the Commission, to conduct peaceful and fair elections. This Report makes an attempt, to bring out some of the main events, and the reforms and changes, made during the last 4 years. These are brought out, in some detail, in different chapters.

•

MAJOR EVENTS & N-EW INITIATIVES

I would like to highlight some of the major issues tackled by the Commission :(i)

In the past, the national radio and television, were largely at the service of the Government of India. The Election Commission addressed this issue, and decided, that the national radio and television, being assets of the entire people of India, must be used in fair sharing, at election time, by the recognised political parties. The Commission, therefore, prepared a comprehensive scheme, invited the political parties, to discuss and comment, and then issued a direction to Doordarshan and All India Radio, to allocate time, to all recognised political parties, as per the Commission's formula and direction. This highly valued prime time was free. This historic order was given for the first time, at the time of 1998 Parliamentary elections. One hundred and thirty hours of prime time were allocated, both on Doordarshan and All India Radio separately. The political parties were happy. This really amounted to indirect funding of elections, since this time is worth a great deal of money. What is more, this indirect state funding of elections, could not be misused. Since 1998 the allocation of free broadcasting time on National Television and Radio to Recognised Political Parties has become a regular practice at all Parliamentary and State Elections.

(ii)

The model code of conduct, which was agreed to by all parties, in 1968, was effectively put into use, and brought forward, as a major instrument, for ensuring fair elections by the Election Commission in 1991. Its firm use, shook the political system, made them aware that the party in power, in election time, anywhere in India, should not be using State resources for unfair advantage. However, like any idea tried for the first time, it did lead to harsh use here and there. In the last 4 years, the Election Commission has worked hard, to frame a comprehensive set of guidelines and directions, for the Central Observers, and for the code of conduct application, in order to ensure, that it served the true purpose of democracy, in a fair and balanced manner. It is the Commission's belief, after 1996, 1998 and 1999 Parliamentary elections, and numerous State elections, that

FOREWORD

a steady, firm and correct use of the code of conduct has been more or less established. The Commission has also framed comprehensive guidelines for the work of Central Observers. (iii)

During the last 4 years, the Election Commission has also steadily pushed, to play a more effective role in the deployment of national and state police forces at election time. For the Central forces, the Commission sets up a Working Group of the Deputy Election Commissioners, with senior civil and police officers of the Home Ministry, to make a detailed plan, in line with the Commission's thinking. The Commission keeps close supervision, to ensure that the Central forces are deployed correctly, and are enabled to function effectively, in the field, and not held back as idle reserves. The Commission has also invariably taken a great deal of interest, in the work of the Home Secretaries and the DGPs of the State Governments, by asking the Chief Electoral Officers to sit with them, in regular meetings, to enable the Commission, to be satisfied, that all professionally desirable steps, are being taken for effective state police deployment.

(iv)

It is to be remembered, that the District collectors are, on a regular basis, also the district election officers. The Election Commission, in the last 4 years, has, therefore, watched closely, and sometimes ordered essential transfers, in order to ensure, that the district election work is efficiently managed.

(v)

The country is concerned at the entry of, what is popularly called, criminal elements into the electoral fray. The Election Commission has made every effort, to curb and control this phenomenon. It is to be remembered that the Commission can recommend, but not make laws. Only Parliament can. The Commission has made the application of section 8 of the Representation of the People Act, 1951, stringent and effective, and even devised an affidavit, to be filed by all candidates everywhere. The Commission has also made repeated recommendations, in all-party meetings, to leaders and in letters to successive Prime Ministers, for amendments to this section, to make it more stringent, simple and easy to

•

MAJOR EVENTS & NEW INITIATIVES

apply. Unfortunately, the Commission still waits, for some amendments to be passed by Parliament. (vi)

The Election Symbols (Reservation and Allotment) Order, 1968, is a historic Commission order, made 32 years ago. It is the foundation of a large part of our electoral and party system. It does require reforms. In two separate amendments, in 1997 and 1999, the Commission has made considerable improvements. The Election Commission is aware that perhaps more are needed. It is seized of the issue, and is in intense internal debate and discussion. The Commission hopes to come up with something positive, before the end of the year.

(vii)

It is the present Commission's firm belief, that for good democratic working, the Commission should be in regular dialogue with the recognised political parties. The Commission, therefore, invariably holds meetings with the political parties, before the national Parliamentary elections, and some times even before major State elections. The Commission also sends to the party Presidents, agenda and notes to assist them. It is the Commission's assertion that the discussions are always held in a friendly and warm atmosphere, with parties,

not only showing such feelings to the

Commission, but also to each other, irrespective of their differing ideologies. It has been the Commission's effort, to promote this atmosphere in the larger interest of democracy. (viii) For a true and meaningful democracy, while elections should be held fairly and peacefully, it is equally essential, that there should be internal democracy, within the recognised political parties. The Commission, in its historic order in Arjun Singh Narsimha Rao Symbol case, of 12th March, 1996, put the political parties on notice, and asked them, to follow their constitution, and hold regular party elections. All major national and regional parties, duly obeyed, and elections are being held on regular basis. Applications were made by some national parties, that the Election Commission should interfere to correct aberration at the lower level of the process, within parties. The Commission conscientiously and firmly refused

FOREWORD

this, in the conviction, that it is not the role of the Election Commission, to involve itself, in the internal push and pull of democracy, within political parties. For dissatisfied political worker of a party, the forum for relief was the appropriate court. The Commission is happy to note, that major national parties, are even setting up credible internal mechanism, including their own election commissions, to ensure fair elections. I hope, that the churning that is going on within parties, will lead to a strong, credible internal democratic system, within all political parties, for then only, will our electoral exercise have true meaning. (ix)

It is the Commission's belief, that for strengthening our democratic electoral system, on a long-term basis, it is necessary to make system changes, and even technological changes. Therefore, the following need to be highlighted, of the many steps taken by the Commission :(a)

A clean and accurate electoral roll is the basis of good elections. In the last 4 years, the Commission has worked intensively to improve the electoral system and instructions. While for valid reasons, not going in for intensive national rolls revision, the Commission has improved the annual summary revision system, and has even fixed a regular schedule, in about the month of November, every year, for the rolls valid for 1st of January next year. In the last couple of years, the Commission made a historic effort to computerise, the entire electoral rolls of 620 million voters. This work has been more or less completed, in most States, and the rolls have been put, in well printed parliamentary constituencywise book, for the first time. In the electoral rolls, the Photo Identity Card Number of the voter has also been given, for cross linking. Finally, the books of individual parliamentary constituency rolls, have also been put on CD Rom Disk. Both books and disks are for sale to citizens, candidates and parties. It is the Commission's view, that the constant availability of regularly revised rolls to citizens, is the best guarantee, for ensuring accurate and clean elections. When the citizens know, they can challenge and demand correction, whenever necessary.

MAJOR EVENTS & NEW INITIATIVES

(b)

The Commission had bought 150,000 Electronic Voting Machines, made by Bharat Electronics Ltd., Bangalore and Electronic Corporation of India,Hyderabad, in the year 1990. Unfortunately, due to the hesitation of political parties, they were not put to use. The present Commission was determined to introduce this new technology, and put the money spent, to good use. Accordingly, electronic voting machines were first used in November, 1998, in a fairly large number of well-dispersed constituencies, in the State elections of Rajasthan, Madhya Pradesh and Delhi. The Commission stood firm, against isolated hesitation of some political leaders. The Commission, by an extensive public awareness campaign and training programme for the election personnel, prepared the people for this historic step. The result was a huge and positive success. The machines were accepted by the people - rural and urban, by candidates and parties everywhere. Encouraged, the Commission ordered, the entire State Assembly elections in Goa in June, 1999, to be held with EVMs. In the 1999 Parliamentary elections, 45 constituencies, spread over 17 States and covering 6 crore voters, were asked to vote with EVMs. Once again, they proved a great success. The Commission, of course, continued to hold bye-elections, across the country, by using EVMs. In February, 2000, the Commission ordered use of EVMs in 45 out of 90 Assembly seats in Haryana. Once again they were a success, and since then they have been used in several more bye-elections. The use of EVMs in the country, in the new century, is now firmly established. The Election Commission requested the Law Minister and the Finance Minister, to sanction another 1,50,000 machines, to be manufactured before the end of the year, by the national public sector companies, so as to be available before the elections to the State Assemblies of West Bengal, Tamil Nadu, Assam, Kerala & Pondicherry, early next year. It is indeed heartening to note that the Union Government have promptly sanctioned Rs. 150 crores, for the procurement of the above

FOREWORD

1,50,000 additional machines, and the manufacturing companies have also revitalised their production units to deliver the machines by the target date. (c)

The Election Commission of India ordered, the making of Photo Identity Cards, for all voters in the country in August, 1993. The Government of India, in the Chief Ministers' meeting, chaired by the Prime Minister of India, sanctioned the scheme, and provided Rs. 1,000 crores, the expenditure to be shared on 50:50 basis by the States and the Centre. A uniform national methodology was not worked out at that time, but States pushed forward, to complete the programme, to the best of their ability. A certain amount of progress was achieved. However, in the last 4 years, the Commission had to focus, a great deal of energy, on this major technological national programme. In 1997, it was seen, after repeated consultations with Chief Electoral Officers and experts, that a cohesive common methodology has to be designed. The Commission immediately set up an Information and Statistical Division, to deal with all such technical matters, including computerisation, etc. In the last 4 years, the Commission has issued a number of books of instructions, the latest being in May, 2000. The Members of the Commission, the Deputy Election Commissioners, and other senior officers, have repeatedly made field visits, to check and push this programme to completion. Today, the progress is impressive. About 400 million, out of 620 million, correct Identity Cards have already been distributed. States performance varies from 88% in Haryana to 37% in Bihar. The Commission is determined to get the States, to complete this programme. It should incidentally be remembered, that the Commission's work, is ultimately executed by the State administration. The Commission can only persuade and urge. The Commission is proud of this unique national achievement. The Commission has no doubt, that our neighbouring countries, and other nations elsewhere, can profitability use the sophisticated, but inexpensive system, designed by the Election Commission of India,

MAJOR EVENTS & NEW INITIATIVES

for the world's largest voter list of 620 million. The Commission is also of the view that the Commission's Photo Identity Card is a national identity document, for all those above the age of 18. The Commission has devised a mechanism, for annual addition of new entries, above 18 and the issue of Photo Identity Cards to them. The Commission has, therefore, repeatedly urged the Home Ministry, who are endeavouring to give an Identity Card to all Indians, to use this massive work, and only supplement it for those below 18. This will be the best methodology, and save time and a great deal of money. A major problem faced by the Commission, in the last 4 years, was the effective use of these cards, made at great cost. The voter's right to vote is enshrined in the Voter List. Therefore, the Commission faced difficulty in ordering their compulsory use. However, the Commission was able to solve this major problem in the historic Haryana Assembly elections held in February, 2000. The Commission issued orders, stating that identification of voters shall be compulsory. The voters were asked to bring I.D. cards, in which Haryana had the best national performance. However, in order to ensure that no legitimate voter was deprived of his right, the Commission ordered 17 supplementary documents, any of which could be produced, to satisfy the Presiding Officer of one's identity, in order to overcome any difficulty. The compulsory identification order was welcomed and accepted, and the Commission is happy that as many as 80% of Haryana voters, actually produced the Photo Identity Cards. Haryana, therefore, became the model, the Commission, has projected for the 21st century: PHOTO IDENTITY CARD IN YOUR HAND, AND AN ELECTRONIC VOTING MACHINE IN THE BOOTH In the recent bye-elections across the country, in May, 2000, the Commission has once again enforced compulsory identification,

FOREWORD

with Photo Identity Cards and use of EVMs. The Supreme Court has also taken note of the above measure adopted by the Commission, and has, in token of its approval of the same, dismissed on 17th August, 2000 all matters, pending since 1994, relating to Photo Identity Cards. In my view, the model is now set and accepted. The Commission is determined to use, both, in the 2001 elections, to a number of State Assemblies. (d)

The Commission in 1998 created a Website, with the URL "http://www.eci.gov.in", and very quickly put about 8000 pages in the Website, for worldwide information. The Commission, along with this, created an extensive computerised network in all districts of India, and linked them through the Commission's Website, thus, enabling the Commission, to keep a close watch on 1400 counting centres, across the country, to ensure quicker dissemination of counting trends and results. During the national elections, the Commission is now able to put its orders, directions and every information, relating to on-going elections on this Website, without delay. All this information is, therefore, available worldwide to all those interested in Indian democracy.

(e)

With the 73rd and 74th Constitutional amendments in 1992, Parliament created State Election Commissions, for independent control of Panchayat and Municipal elections. The Election Commission of India is of the view, that it is the national Commission's duty to support, assist and strengthen these State Commissions, since they organise and control elections, to the first level of democracy, which form the roots of the higher levels, right up to Parliament. The Commission has, therefore, held 3 annual meetings in the last 3 years, to know their difficulties and ideas. The Commission seeks to support and assist them. The Chief Election Commissioner has written to the State Chief Ministers, after the meeting on 18th April, 2000, offering suggestions for their

XII

MAJOR EVENTS & NEW INITIATIVES

consideration, in order to strengthen the State Election Commissions. A major item, which needs highlighting here, relates to the electoral rolls. India is the proud possessor, of very carefully created and revised electoral rolls. Many State Commissions, such as West Bengal and Andhra Pradesh use the national Commission's rolls, as the basis for their elections. However, other States, while taking the national Commission's rolls, as the basis, modify these in a revision of their own. It has been unanimously agreed in the recent meeting, that this is unnecessary and wasteful. It even creates a certain amount of confusion. The matter was raised by the Election Commission of India before an all-party meeting held on 29th April, 2000. All parties agreed with the Commission, that this wasteful duplication is not necessary. The Commission hopes, as I have written to the State Chief Ministers, that they will see their way to dispensing with unnecessary revisions of their own, and use only the national rolls, suitably broken up for their purpose. Four years ago, the Commission had considerable litigation in the State High Courts, and also cases in the Supreme Court. These were against State Governments and the Government of India on various electoral matters. It has been our view that such matters are best resolved by regular dialogue, between the Government of India, recognised political parties and the Election Commission of India. The Commission made a conscious effort to eliminate unnecessary litigation. However, two important cases remain in the Supreme Court of India first one about the Commission's control over those involved in elections, in terms of Article 324 of the Constitution and Sections 13CC and 28A of the RP Acts of 1950 and 1951, and the second about the date of enforcement of model code of conduct. I made repeated efforts by writing to successive Prime Ministers, to try and resolve these issues satisfactorily. The issues were also brought up, in regular meetings, with the Commission, to seek a solution. I am happy that during July and August 2000, we have finally come close, to resolving these matters, to the satisfaction of the Commission, by the Law Minister, Government of India, holding discussions with Chief Election Commissioner, in the light of my letters

FOREWORD

Xlll

to the Prime Minister. This is a major achievement, which will place the Commission and the political system in a harmonious relationship, in regard to vital matters, that affect good relations. It is now expected, that the Commission's control over staff during elections, will be effectively clarified, the application of code of conduct also settled. Finally, the Commission's compulsory use of Identity Cards, has also been effectively established and settled by the Supreme Court on 17th August, 2000. During the last 4 years, the Commission has conducted 3 National Parliamentary elections, a Presidential election, a Vice-Presidential election, State elections to all Legislative Assemblies and numerous bye-elections. In spite of this tremendous load, a powerful thrust has been given in this period, for system changes, such as Electronic Voting, and the use of compulsory photo identity cards, and reforms in many other areas of the Commission's work. All this was possible, due to the support of my colleagues, and the dedicated work of the Commission's officers, particularly the two Deputy Election Commissioners, Mr. Subas Pani and Mr. Sayan Chatterjee and Mr. S.K. Mendiratta. I am grateful to all of them, and to the other Commission staff, who have contributed in various ways to this publication. I am happy, that we are finally bringing out, a long over due report, and reviving a tradition. However, I would like, all of us, to work on this report, after its publication', in order to expand it, to fill the gaps, that may still remain, in order to give a full, comprehensive, and understandable story of the Commission's work, and the many new initiatives over the last 4 years.

ommissioner of India 5th September, 2000

PART I ELECTORAL EVENTS

CHAPTER I

INTRODUCTION

Only a few days ago, the world has entered the new millennium. And only a few days prior thereto, in the closing year of the last millennium, the world saw the biggest democratic exercise, ever held on this planet, when India went to polls in September-October, 1999 for constituting the 13th House of the People, the lower House of Indian Parliament. The gigantic nature of the exercise can be well imagined from the fact that more than 614 millions of adult Indian citizens, both men and women, participated in the above electoral exercise. They voted at nearly one million polling stations, located throughout the length and breadth of the country — many in the high mountain ranges of the Himalayas, in the vast deserts of Rajasthan and in the tiny Islands of Andaman and Nicobar and Lakshadweep, deep into the Bay of Bengal and the Arabian Sea. These polling stations were manned by nearly 5 million polling personnel, apart from nearly one million civil police forces, which were deployed for maintenance of general law and order, and for providing security to electors, polling personnel and polling materials, at polling stations and counting centres. Simultaneously with the general election to the House of the People, general elections were also held to constitute the Legislative Assemblies of five of the 27 constituent States of the Indian Union, namely, Andhra Pradesh, Arunachal Pradesh, Karnataka, Maharashtra and Sikkim. Millions and millions of voters, who participated in these elections, have

MAJOR EVENTS & NEW INITIATIVES

once again shown unflinching faith in democracy, which our country adopted as the system of governance when it achieved independence 50 years ago. Successive general elections to the House of the People and to the State Assemblies, held over the period of the last five decades, have demonstrated to the entire world, not only the political maturity of the Indian People, but also that democracy has taken firm roots and flourished in our country. India has been rightly described by our Supreme Court as an "Oasis of Democracy". Free and fair elections form the bedrock of democracy. And to ensure that elections in India are free and fair, where all political parties and candidates have a level playing field and the voters can vote in secrecy without fear and according to their free will, the Constitution makers have entrusted the task of conducting elections to Parliament, the Legislature of every State and to the Offices of President and Vice-President of India, to the Election Commission of India. The Election Commission of India can, justifiably, take pride in having discharged its constitutional duty and obligation of conducting free and fair elections in the country, which has earned for India a commendable reputation in the international community as one of the most stable democracies in the world. In order to ensure that the elections are conducted in a free, fair and peaceful manner and more smoothly, the Commission has taken several innovative steps and measures, in the recent past, particularly at the general elections to the House of the People and several State Legislative Assemblies held in 1998 and 1999. The Election Commission is currently undertaking the computerisation of the electoral rolls throughout India, which should lead to vast improvements in the accuracy and speed with which the electoral rolls can be updated. This has already been completed in most of the States and rolls in the new computerised format were put to use for the last general election in 1999. These computerised rolls are now available on compact CD ROM disks, for almost all the constituencies. Recognised National and State political parties were supplied these CD ROM disks, free of cost, and other parties and candidates could obtain them on a very nominal price at the last elections.

INTRODUCTION

In an attempt to further improve the accuracy of the electoral rolls and prevent electoral fraud, the Election Commission has pressed for the introduction of photo identity cards for voters. This is a massive task, and at present over 374 million out of 614 million electors on rolls have been provided with cards. The Commission is considering ways and methods to deal with the problems with regard to the issue of cards to the remaining electors, and the difficulties in keeping track of voters, especially the mobile urban electorate. When the five-year term of the House of the People or of a State Legislative Assembly is coming to an end, or where any such House or Assembly has been dissolved permanently and new elections become due, the Election Commission puts into top gear the machinery for holding the elections. The Constitution stipulates that there can be no longer than 6 months' interval between the last session of the dissolved Lok Sabha or Vidhan Sabha and the recalling of the new House; so elections have to be concluded before then. In a country as huge and diverse as India, finding a suitable period when elections can be held throughout the country is not simple. The Election Commission, which decides the schedule for elections, has to take account of the weather — during winter, constituencies may be snow-bound, and during the monsoon, access to remote areas restricted, — the agricultural cycle, so that the planting or harvesting of crops is not disrupted, — exam schedules, as schools are used as polling stations and teachers employed as election officials, and religious festivals and public holidays. On top of this, there are the logistical difficulties that go with the holding of an election — mobilisation and movement of civil and para-military police forces, printing and distribution of hundreds of millions of ballot papers, sending out ballot boxes, setting up polling booths, appointing millions of officials to conduct poll and counting and oversee the elections. The number of candidates contesting each election had been steadily increasing up to 1996. In the general election of 1952, the average number of candidates in each constituency was 3.8; by 1991, it had risen to 16.3; and in 1996 stood at 25.6. This was attributed to the openness of the nomination process, as it was far too easy for 'frivolous' candidates to stand for election, and this confused

MAJOR EVENTS & NEW INITIATIVES

the electorates. Certain remedial measures were then taken, at the instance of the Commission, in August 1996, which included increasing the amount of the deposit and making the number of people who have to nominate a candidate larger. The impact of such measures was quite considerable at the elections which were subsequently held, and the number of contestants came down quite significantly. The number of nominations for the Lok Sabha came down from 13,952 in 1996 to 4,750 in 1998 and to 4,370 in 1999 - an average of 8.7 per constituency in 1998. and 8% in 1999, in comparison to 25.6 per constituency in 1996. During the election campaign, the political parties and contesting candidates are expected to abide by a Model Code of Conduct on the basis of a consensus among political parties. The Model Code is a unique document and regarded by many democratic countries across the world as singular contribution by the Election Commission of India to the cause of free and fair elections. It prescribes guidelines for the ruling parties, both at the Centre and in the States, to ensure that a level playing field is maintained and that no cause is given for any complaint that the ruling party has misused its official position for the purposes of its election campaign. It also lays down guidelines as to how the political parties and candidates should conduct themselves during the election campaign. It is intended to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter, until the results are declared. Owing the last few years, the Election Commission has been sternly enforcing the model code of conduct and ensuring its strict observance by the ruling parties, at the Centre and in the States, so as to provide a level playing field, for all parties and candidates in the electoral fray. One of the most revolutionary steps taken by the Commission to make the electoral process simpler, smoother and quicker was the use of Electronic Voting Machines for taking poll and counting of votes. Elections from Parliamentary and Assembly constituencies to the House of the People and the State Legislative Assemblies were hitherto being held under the traditional system of ballot papers and ballot boxes. The Commission has brought about significant improvement in

INTRODUCTION

the election procedure by taking advantage of the scientific and technological advancements. Since 1998, the Commission has introduced Electronic Voting Machines (EVMs) for recording of votes by electors and ascertaining the results of the above elections. These machines have been produced, in close collaboration with the Commission, by two Central Government undertakings, namely, Bharat Electronics Limited, Bangalore and Electronics Corporation of India Limited, Hyderabad. These machines have been designed keeping in view the present system under which ballot papers and ballot boxes are used. They run on batteries fitted into them, and no separate power or electricity is required. The voter records his vote by the mere pressing of a button on the balloting unit, against the name and the election symbol of the candidate of his choice and his vote is instantly registered in the control unit. At the end of the poll, the result can be ascertained by the mere press of another button on the control unit. 1,50,000 machines were procured by the Election Commission in 1989-90. They were, however, not put to use till 1988, mainly for the reason that certain political parties had entertained some misgivings about the working of these machines and expressed apprehensions that the machines could be doctored in such a way as to favour a particular party or candidate. The Commission took great pains to allay their apprehensions, by constant interaction with them at various meetings held from time to time, and to create credibility in respect of these machines in the minds of the political parties, candidates and electors, by arranging their extensive demonstrations in the field. There were also certain other factors, like, the abnormal increase in the number of candidates during the above period, which contributed to the non-user of these machines from 1990 to 1998. The number of candidates has now come down considerably after August, 1996, with the increase in the amounts of security deposits by candidates by amendments to law by Parliament at the initiative taken of the Commission to reduce the multiplicity of frivolous candidates. To begin with, these machines were used in sixteen Assembly constituencies in the general elections to the Legislative Assemblies of Madhya Pradesh, Rajasthan and Delhi in November, 1998. Then, they were used in the entire State of Goa,

MAJOR EVENTS & NEW INITIATIVES

when that State went to poll for its Assembly elections in June, 1999. At the last general elections to the House of the People, and to the Legislative Assemblies of Andhra Pradesh, Karnataka and Maharashtra in September - October, 1999, the Commission made a big stride and used these machines in as many as 45 Parliamentary Constituencies and the Assembly segments comprised therein. Over 60 million voters exercised their franchise through these machines. The voters at large, and also the political parties and candidates, have greatly lauded the introduction of these machines by the Commission, and there is a demand now, by all of them, for use of these machines in more and more constituencies at future elections. It is a major initiative taken by the Election Commission, not only to simplify the voting procedures and quicken the process of ascertaining the results of elections, but also to make the electoral process far cheaper, as use of these machines has dispensed with the printing of hundreds of millions of ballot papers and also of their counting for several days after the poll. Another great advantage of these machines is that there are no invalid and wasted votes at all, as every single vote recorded in the machine is accounted for in favour of the candidate for whom it was cast. The Commission proposes to expand the use of these machines in far larger number of constituencies at future elections. The law relating to registration of political parties as enacted in 1989 was quite liberal and as a result a large number of non-serious parties mushroomed and got themselves registered with the Commission. Many of them did not contest any election at all after their registration. The Commission has always been encouraging healthy growth of political parties but they also have to reciprocate in a positive manner and see that the political system is not rendered a plaything by proliferation of non-serious parties, and becomes a cause for confusion among the electorate. The Commission, therefore, took some measures to streamline the registration process and it has shown effective results. The Commission now registers a party which has at least 100 registered electors as its members and is also charging a nominal processing fee of Rs. 10,000/- to cover the administrative expenses and the expenses which it will have to incur on correspondence with

INTRODUCTION

the parties before and after their registration. In order to ensure that the registered political parties practise democracy in their internal functioning, the Commission requires them to hold their organisational elections regularly and in accordance with their party constitutions. A few years back, such periodic organisational elections were seldom held and ad hoc arrangements continued for long years in several established parties at National and State levels. With the Commission's persistent efforts, all parties are now holding their organisational elections at stated intervals as envisaged in their party constitutions. Splits, mergers and alliances have frequently disrupted the compositions of political parties. This has led to a number of disputes in which splinter sections of a divided party claim to keep the name of the party and its symbol. The Election Commission has to resolve these disputes and to classify the resulting parties in terms of National and State parties. Its decisions can be challenged in the High Courts and Supreme Court. At the time of the 1999-general elections, there were 6 National Parties, and 48 State Parties, recognised by the Commission. In one of the recognised National Parties, a split occurred just on the eve of the elections and the Commission, in fairness to both the contending groups, gave them ad hoc recognition for the purposes of these elections. By a recent arrangement made by the Election Commission with the Prasar Bharati Corporation (Broadcasting Corporation of India) in 1998, all recognised National and State parties have been allowed free access to the State owned electronic media — AIR and Doordarshan — on an extensive scale for their campaigns during elections. This was a historic step and a major electoral reform brought about by the Election Commission. With this facility available to them, without any cost, the political parties could now reach the vast electorate in each nook and corner of the country through the electronic media. This not only cut down their expenses on election campaigns but also provided a level playing field for all recognised parties in the matter of use of the government controlled

MAJOR EVENTS & NEW INITIATIVES

electronic media. At the last general elections in 1999, the total free time so allocated extended over 63 hours, each on the State owned Television and Radio channels. This was allocated equitably by combining a base time and additional time linked to poll performance of the party in the past election. This was a substantial measure of indirect State funding to parties, taken solely at the initiative of the Commission. At the time of the last general elections in September-October, 1999, the Election Commission appointed nearly 2000 Observers. They were General Observers and Election Expenditure Observers. The main thrust of the role of the latter was to keep a special check on the amount that each candidate and party spent on the election. Keeping pace with the tremendous strides which the information technology has made globally, the Election Commission has also not lagged behind in using that technology for efficient electoral management and administration and dissemination of information relating to the activities of the Commission. The Commission launched a Website of its own on 28th February, 1998. It is now a comprehensive resource centre for Indian Elections and all election laws, manuals, handbooks published by the Election Commission for the guidance of election authorities, political parties and candidates, and all key statistics, starting from the First General Elections in 1951-52 to the latest elections in October, 1999, are available on this Website. It can be accessed from the following addresses: www.eci.gov.in, www.election-india.com and www.india-election.coni. At the time of last elections in October, 1999, the Commission's Secretariat was directly connected with nearly 1500 counting centres, across the country, and the round-wise counting results were being fed into the Commission's Website from those counting centres, through the Commission's communication network, and those results were instantly available throughout the world.

INTRODUCTION

With its vast experience of conducting elections in the largest democracy of the world over the last five decades, the Election Commission of India is now regarded as a great store-house of expertise and in-depth knowledge of election laws and procedures. The Commission uses the cheapest, yet most effective, technology to conduct elections, to which more and more countries, particularly the developing democracies in Asia and Africa, are getting attracted and showing keen interest to adopt the same in their electoral system. India is a founding member of the International Institute for Democracy and Electoral Assistance (IDEA), Stockholm, Sweden. In the recent past, the Election Commission of India has greatly expanded international contacts by way of sharing of experience and expertise in the areas of Electoral Management and Administration, Electoral Laws and Reforms. Delegates of the Commission have visited Sweden, U.K., Russia, Bangladesh, and the Philippines in recent years. Election officials from the national electoral bodies and other delegates from several countries — Australia, Bangladesh, Ethiopia, Nepal, Nigeria, Peru, Russia, South Africa, Sri Lanka, Sudan, Surinam, Thailand, Uganda, United States and Zambia — have visited the Commission for a better understanding of the Indian Electoral Process. The Commission has also provided experts and observers for elections to other countries, like, Algeria, Cambodia, Nigeria, Indonesia, Malawi and South Africa, in co-operation with the United Nations, the Commonwealth Secretariat and International IDEA. In 50 years since independence, India has already held 13 Parliamentary and numerous State Assembly elections in a federal polity. In the world's largest electoral process, now having a voting population of 614 million, 6 national, 48 regional parties, all in hard democratic contention in a developing society, this has been a unique experience. During this period we have developed a sophisticated legal frame-work, a comprehensive but inexpensive administrative system using the existing resources of the State, and a complex democratic relationship between the political parties and the Commission, in order to ensure free, fair and peaceful elections. India remains a reservoir of democratic electoral knowledge for similarly placed countries, particularly in Africa and Asia. We have focused on an

MAJOR EVENTS & NEW INITIATIVES

inexpensive system, and even our electronic voting machine is indigenous, foolproof and cheap. We in the Election Commission are always available to help others striving for better democracy. Within India, the political and economic tensions have naturally grown in a free society. The Election Commission has, therefore, to always devise better systems and seek better ideas for maintaining the high reputation of Indian elections. In recent years the Commission has projected even more than ever, its constitutional independence and determination to give a level playing field to all political parties in its central observers, and strong enforcement of the code of conduct for political parties. The Commission has enhanced the fairness of Indian elections and therefore made a contribution to the strengthening of Indian democracy for the next century. The Commission has always looked for new systems and technologies, be they electronic voting machines, computerisation of electoral rolls and their publication in CD ROM Disk, the establishment of a compressive website for world information dissemination, the allocation of free time on National Radio and TV to all political parties for their election propaganda, and the laying down of a sophisticated country-wide computer system in the Commission for constant interaction, sharing of information and even close supervision of election processes, including counting in a sub-continent level country. The effort for better technology and systems will continue. The Election Commission of India is optimistic about the health of Indian democracy in the next century because of the collective endeavour of the Commission the political parties, the voters and all thinking and aware citizens.

CHAPTER II

GENERAL ELECTION TO L O K SABHA, 1996 along with General Elections to Legislative Assemblies of the States of Assam, Haryana, Kerala, Tamil Nadu and West Bengal and Union Territory of Pondicherry

Introductory The term of the Tenth Lok Sabha was up to 8th July, 1996. The term of the following State/UT Legislative Assemblies was also to expire around the same time:State / UT

2.

Term of the House

1.

Kerala

28.06.1996

2.

Haryana

08.07.1996

3.

West Bengal

17.07.1996

4.

Pondicherry

25.07.1996

5.

Assam

28.07.1996

6.

Tamil Nadu

28.07.1996

Under section 14 and section 15 of the Representation of the People Act,

1951, the Election Commission is under a statutory mandate to hold general elections to Lok Sabha and State Legislative Assemblies any time within a period of six months before the expiration of the term of the House concerned. 3.

Preparations for these general elections were taken up in right earnest from

the last quarter of 1995 itself. The Commission had a series of regional meetings

22

MAJOR EVENTS & NEW INITIATIVES

with State authorities and political parties in different States of the country. The Commission had also detailed deliberations with the Central Government, particularly the Ministry of Home Affairs who was to make available the central police forces for deployment during elections. Simultaneously, the Commission took up the revision of electoral rolls in the entire country with reference to 1st January, 1996 as the qualifying date, so that the latest updated rolls could be used for these general elections.

ELECTION PROGRAMME 4.

Keeping in mind the views expressed by the Government of India, State

Governments, Political Parties, etc., and in the interest of voters and to cut down avoidable expenditure of the Government, parties and candidates, the Commission decided to hold these elections to Lok Sabha and the above Legislative Assemblies simultaneously. 5.

The State of Jammu & Kashmir was then under President's Rule. After

. several rounds of discussions with officials of the Ministry of Home Affairs, Government of India, on the current situation in that State, the Commission decided to hold the general election to Lok Sabha from that State along with the rest of the country, though there was a demand in certain quarters to segregate the elections from the State in view of the special law and situation prevailing there. It was decided that there would be a three day poll in that State, whereas in other States the poll was decided to be taken either on a single day or in two phases. In addition, a totally new concept of elections by means of postal ballots was introduced, by special amendment to law, in respect of those voters of the State who had migrated from their homes in Kashmir valley and were temporarily staying in some transitory camps in Jammu, Delhi and elsewhere. 6.

General elections were also due to the State Legislative Assemblies of Jammu

& Kashmir and Uttar Pradesh, which were then under President's Rule. But it was decided to hold these elections only when the Central Government communicated readiness to revoke President's Rule.

13

GENERAL ELECTION TO LOK SABHA, 1996

7.

In deciding the schedule for elections, the Commission took into account

the weather and climatic conditions, agricultural operations, holidays, festivals, schedules for examinations for schools and colleges, and the deployment of adequate police forces. 8.

The Commission announced the programme for holding general election

to Lok Sabha, on 19th March, 1996. The same programme was decided to be adopted for the simultaneous general elections to State Legislative Assemblies of Assam, Haryana, Kerala, West Bengal, Tamil Nadu and the Union Territory of Pondicherry. 9.

The Commission fixed the following programme for holding these general

elections to Lok Sabha and State Legislative Assemblies :(a)

Date of issue of notification, calling the general election, by the President (in the case of Lok Sabha), by the Governors (in the case of State Legislative Assemblies) and by the Lt. Governor (in the case of Pondicherry Legislative Assembly)

27.03.1996 (Wednesday)

(b)

Last date for making nominations

03.04.1996 (Wednesday)

(c)

Date for scrutiny of nominations

04.04.1996 (Thursday)

(d)

Last date for the withdrawal of candidatures

06.04.1996 (Saturday) [except in Nagaland where it was 8th April, 1996 (Monday)]

(e)

Date(s) of Poll States/UTs Andhra Pradesh, Assam, Haryana, Himachal Pradesh, Karnataka, Kerala, Punjab, Rajasthan, Tamil Nadu, Andaman & Nicobar Islands, Chandigarh, Delhi, Lakshadweep and Pondicherry

27.4.1996

MAJOR EVENTS & NEW INITIATIVES

14

Andhra Pradesh, Arunachal Pradesh, Bihar, Goa, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Meghalaya, Orissa, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh, West Bengal, Dadra & Nagar Haveli, Daman & Diu

2.05.1996

Bihar, Gujarat, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Nagaland, Orissa, Tripura, Uttar Pradesh, West Bengal

7.05.1996

Jammu & Kashmir

23.05.1996

Jammu & Kashmir

30.05.1996

LOK SABHA GENERAL ELECTION 10.

It was decided to have two day poll in the States of Andhra Pradesh, Bihar,

Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal. The poll in Jammu & Kashmir was spread over 3 days. All other States and Union Territories went to the polls on a single day. The dates of poll and number of Parliamentary constituencies, which went to poll on various dates, are given at Appendix I. 11.

However, some minor changes had to be made in the above mentioned

programme for the Lok Sabha elections, as follows :(a)

Poll in 41-Nalgonda (Andhra Pradesh) and 25-Belgaum (Karnataka) Parliamentary Constituencies was postponed, and held on 27th May, 1996 due to exceptionally large number of contestants (480 in Nalgonda, and 456 in Belgaum).

(b)

The hours of poll in 41-Nalgonda (Andhra Pradesh) were fixed from 7.00 A.M. to 7.00 P.M.

(c)

The hours of poll in 25-Belgaum (Karnataka) were fixed from 7.00 A.M. to 6.00 P.M.

GENERAL ELECTION TO LOK SABHA, 1996

Nominations, Scrutiny and Withdrawals 12. The process of filing nomination papers for general election to Lok Sabha started on 27th March, 1996 and concluded on 3rd April, 1996 in all the 543 Parliamentary Constituencies throughout the country. A total number of 20,583 nominations was filed. 942 nominations were rejected on scrutiny on 4th April, 1996 and 5,689 nominations were withdrawn by the stipulated date. Consequently, 13,952 candidates were left in the field for 543 Parliamentary Constituencies. Model Code of Conduct 13.1 The Commission has evolved a Model Code of Conduct for the guidance of political parties and contesting candidates. The Model Code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign. It intends to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter till the results are declared. The Model Code is also applicable to the parties in power, both at the Centre and in the States. This ensures that there is a level playing field between all contesting parties and candidates during the election campaign. 13.2 The Model Code of Conduct comes into force from the date of announcement of elections by the Commission. Accordingly, the said code became operative w.e.f. 19.3.1996, in the case of these general elections. Regulation of Plying of Vehicles on Polling Days 14.1 The hiring or procuring or use of vehicles by a candidate or his agent or by any other person with their consent for the free conveyance of any elector to and from the polling stations is a corrupt practice and an electoral offence under the Representation of the People Act, 1951. In order that no harassment is caused to the general public using vehicles for their own bona fide purpose, the Commission has regulated the use of vehicles at local level. 14.2 On the day of poll, each candidate in a Parliamentary Constituency is allowed one vehicle, for his own use, and one more vehicle for each of the Assembly segments comprised in the Parliamentary Constituency for the use of his election agent or his workers or party workers. In the case of an Assembly Constituency, each candidate is allowed to use only two vehicles.

15

MAJOR EVENTS & NEW INITIATIVES

14.3

These regulations were applicable for the general elections also.

The Commission issued instructions for taking strict action under the provisions of the Representation of the People Act in addition to action under Motor Vehicles Act, 1951, against the persons found violating the law and the regulations. Prohibition on Sale of Liquor 15.

As per standard practice, the Commission recommended to all State

Governments that two days immediately preceding the date of poll, the day of poll, and the day following it, the day preceding the day of counting, the day(s) of counting and the day following the day of counting should be declared as the dry days under the excise laws of the State. Security Arrangements 16.1

The Commission issued instructions to all State Governments to identify

sensitive and trouble-prone areas from the point of view of elections. Such measures are a necessary safeguard against the evil and corrupt practices of booth capturing, intimidation of voters, large-scale impersonation, violence, etc. The State Governments were also asked to ensure that adequate and fool-proof security arrangements were made, both inside and around the counting centres as well, to prevent any untoward incident likely to vitiate the counting process. Further, the State Governments were instructed to ensure that, as far as practicable, Central Police forces were deployed at counting centres. 16.2 1

As further measures to ensure free, fair and peaceful elections, the

Commission issued instructions that issue of licenses for arms should be totally prohibited, during the election period, commencing with the date of announcement of elections and till the completion of election process. Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 were also asked to be issued by the competent authorities, banning the carrying of licensed arms, from the date of announcement of election till the completion of election process. 16.3

At the instance of the Commission, the police also started mopping

operations to unearth and seize unlicensed arms and ammunition. Several preventive arrests of persons with doubtful antecedents were also made.

GENERAL ELECTION TO LOK SABHA, 1996

Observers 17.

Further, the Commission appointed as many as 1,099 General Observers

to oversee that the elections were conducted in a free and fair manner. In addition, the Commission also appointed 514 Election Expenditure Observers for closely watching, analyzing and reporting the instances of misuse of money power by political parties and candidates for manipulating the will of electors. The Commission also appointed additional 54 observers in sensitive constituencies. POLL 18.

Polling in the general election passed off, by and large, peacefully. In 2,870

cases, where polling booths had been captured or some unlawful activities had taken place at the time of poll, the Commission declared the poll at these polling stations as void and ordered fresh poll under section 58(2) read with section 58A(2) of the Representation of the People Act, 1951. 19.

The total electorate for the general election was 59,25,72,288, out of which

34,33,08,035, i.e., 57.94%, voters cast their votes in the elections. Counting of Votes 19.1

The counting of votes in respect of each Parliamentary Constituency and

Assembly Constituency was taken up, after prior approval of the Commission. The counting of votes was fixed in all States (except Jammu & Kashmir)on 8th May, 1996 at 8.00 A.M. In respect of the constituencies which went to poll on 7th May, 1996, the counting of votes was taken up at 8.00 A.M. on 9th May, 1996. In view of time constraints, the Commission made relaxation in the case of these constituencies (which went to poll on 7* May, 1996), and permitted the Returning Officers to take up the counting, without seeking its prior approval, subject to the condition, among others, that the Returning Officer was satisfied that there was nothing on record which militated against the commencement of counting. 19.2

The counting of votes in Jammu & Kashmir was taken up on 1st June,

1996 in all the Parliamentary Constituencies, except 5-Udhampur where the counting of votes was taken up on 3rd June, 1996.

\-f

MAJOR EVENTS & NEW INITIATIVES

18

20.

The counting of votes in respect of all Parliamentary Constituencies, except

one constituency each in the States of Andhra Pradesh, Karnataka, Bihar and Jammu & Kashmir, was completed successfully by 10th May, 1996. 21.

The number of seats contested and seats won and percentage of votes polled

by various parties was as under :-

National Parties Party

Seats contested

Seats won

Percentage of votes polled

01 All India Indira Congress (Tiwari)

321

4

1.46%

02 Bharatiya Janata Party

471

161

20.29%

03 Communist Party of India

43

12

1.97%

04 Communist Party of India (Marxist)

75

32

6.12%

05 Indian National Congress

529

140

28.80%

06 Janata Dal

196

46

8.80%

07 Janata Party

102

0

0.19%

08 Samata Party

81

8

2.17%

1818

403

69.08%

State Parties

451

127

21.34%

Registered Unrecognised Parties

1048

4

3.29%

Independents

10,635

9

6.28%

Grand Total

13,952

543

100%

Total

GENERAL ELECTION TO LOK SABHA, 1996

19

Due Constitution of Eleventh Lok Sabha 22.

The Commission issued the "Due Constitution" notification under section

73 of the Representation of the People Act, 1951, notifying the names of members elected to the eleventh Lok Sabha, on 15th May, 1996. The first meeting of the new (Eleventh) Lok Sabha was held on 23td March, 1996. GENERAL ELECTIONS TO STATE LEGISLATIVE ASSEMBLIES 23.

As mentioned above, the general elections to the Legislative Assemblies

of Assam, Haryana, Kerala, Pondicherry, Tamil Nadu and West Bengal were held simultaneously with the Lok Sabha elections from these States/Union Territory. Accordingly, all stages of election schedules for both the elections in these States/ UT were common, as given in para 9 above. Nominations, Scrutiny and Withdrawals 24.

Simultaneously, with the filing of nomination papers for elections to Lok

Sabha, the process of filing nominations for Assembly elections in the above mentioned States/UT also commenced on 27th March, 1996 and concluded on 3rd April, 1996. These nomination papers were taken up for scrutiny on 4th April, 1996. The withdrawal of candidatures was allowed up to 6th April, 1996 in these States/UT, except Nagaland where the last date for the purpose was 8th April, 1996 (6th & 7th April, 1996 being public holidays in that State). 25.

Table below shows the number of nominations filed, nominations rejected

on scrutiny and candidatures withdrawn in relation to Assembly elections in the above States/UT :State /UT

1

Assam Haryana

No. of Constituencies

Nominations filed

Nomina- Candidatures Contesting Maximum withdrawn candidates tions no. of rejected contesting candidates in a constituency

2

3

4

5

6

7

126

1487

41

218

1228

28

90

4821

188

2025

2608

76

MAJOR EVENTS & NEW INITIATIVES

20

140

2076

63

812

1201

20

Pondicherry

30

494

10

214

270

17

Tamil Nadu

234

8275

412

2846

5017

1033

West Bengal

294

2726

56

635

2035

23

Kerala

Electors, Voters and Polling Stations 26.

The total electorate in each of the above States/UT for the purposes of

these general elections is shown in the table below. The table also shows the number of voters who voted at these elections and also the total number of polling stations provided for taking the poll there :State/UT

Electorate

Voters

Poll Percentage

Polling Stations

1

2

3

4

5

1,21,191,125

95,64,434

78.92

15,770

Haryana

1,11,55,242

78,68,951

70.54

15,446

Kerala

2,06,67,409

1,47,06,806

71.16

23,333

Pondicherry

6,33,635

4,77,329

75.33

798

Tamil Nadu

4,24,78,965

2,84,39,249

66.95

54,789

West Bengal

4,56,19,132

3,78,37,831

82.94

61,253

Assam

Counting of Votes and Declaration of Results 27.

Counting of votes in all these States/UT commenced on 8th May, 1996. It

was completed everywhere in 2 to 3 days, without any problem. Election in Madakurichi (Tamil Nadu) 28.

For the election from 118-Madakurichi Assembly Constituency in Tamil

Nadu, a somewhat different programme had to be adopted, as an exceptionally large number (i.e., 1033, highest ever so far in any election in India) of contesting

21

GENERAL ELECTION TO LOK SABHA, 1996

candidates jumped into the electoral fray, with the intention of creating hurdles in the conduct of election from the constituency, as part of some agitation being resorted to by the residents there on some local issues. The poll in that constituency was taken on 1st June, 1996, instead of 2nd May, 1996, as originally scheduled. The hours of poll were also re-fixed from 7.00 A.M. to 7.00 P.M. The ballot papers had to be specially printed in the form of a booklet of sheets an innovation, because ballot papers in all previous elections anywhere in India have been printed only on a single sheet. Further, special ballot boxes of very big size had also to be got manufactured for reception of the ballot papers which were in the form of booklets. Countermanded Elections in Assam 29.

Elections in 52-Dispur, 97-Dergaon (SC), 104-Nazira and 124-Margherita

Assembly Constituencies in the State of Assam had to be countermanded due to the death of certain candidates set up by recognised political parties in the State in these constituencies. The elections from these constituencies were subsequently held in September-October, 1996 and the poll was taken on 11th October, 1996. Due Constitution of Legislative Assemblies 30.

After the completion of counting and declaration of results, the

Commission issued notifications under section 73 of the Representation of the People Act, 1951, duly constituting the new Legislative Assemblies for the above States/UT. The table below shows the date of issue of the Commission's 'Due Constitution' notification and the date of the First Meeting of the new Assembly in each of these States/UT :State/UT

Assam Haryana Kerala Pondicherry Tamil Nadu West Bengal

Date of Commission's 'Due Constitution' Notification

Date of Assembly's First Meeting

13.5.1996 13.5.1996 14.5.1996 14.5.1996 13.5.1996 16.5.1996

12.6.1996 22.5.1996 29.5.1996 10.6.1996 22.5.1996 10.6.1996

MAJOR EVENTS & NEW INITIATIVES

22

Performance of Political Parties 31.

The number of seats contested and seats won by various political parties

and the votes polled by them in above mentioned States/UT are shown in the table below :ASSAM Party

Seats Contested

Won

NATIONAL PARTIES AIIC (T)

2 4 3 2 34 0 0

SAP

108 117 11 10 122 34 1 1

Total

404

45

96 5

59 5

101

64

UMFA URMCA

5 5 10 6 5 12 20 9

0 0 0 0 0 0 2 0

Total

72

2

IND

651

11

Total

651

11

1228

122

1. 2. 3. 4. 5. 6. 7.

JD JP

8.

BJP CPI CPM INC

0

STATE PARTIES 9. AGP 10. ASDC Total REGISTERED (Unrecognised) PARTIES 11. 12. 13. 14. 15. 16. 17. 18.

AMB CPI (ML) (L) ICS

RCPI(R) SHS SP

INDEPENDENTS 19.

Grand Total

23

GENERAL ELECTION TO LOK SABHA, 1996

HARYANA Party NATIONAL PARTIES AIIC (T) 1. 2. 3. 4. 5. 6. 7. 8.

Seats Contested

Won 3 11 0

62 25 9 8 90 47 26 89

0 9 0 0 24

356

47

HVP

65

33

Total

65

33

1 3

67 3 2 10 18 2 1 3 1 17 26

0 0 0 .0 .0 0 0 0 0 0 0 0 0 0 0 0

165

0

2022

10

Total

2022

10

Grand Total

2608

90

BJP CPI

CPM INC

JD JP SAP Total

STATE PARTIES 9.

REGISTERED (Unrecognised) PARTIES 10. 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.

ABHM ABJS ARS BHJS BKDQ) BSP BSP(A) FBL ICC JHM JSTP PPNMS RKP RPI SHS SP Total

INDEPENDENTS 26. IND

4 5 2

MAJOR EVENTS & NEW INITIATIVES

24

KERALA Party

Seats Contested

Won

NATIONAL PARTIES 1. 2 3. 4. 5. 6. 7. 8.

SAP

8 127 22 62 94 13 21 9

0 0 18 40 37 4 0 0

Total

356

99

9 10 22

3 5 13

41

21

1 12 3 6 1 15 4 10 2 4 50 6 16 1 1

0 0 0 0 0 0 1 6 1 2 0 5 0 0 0

132

15

672

5

672

5

1201

140

AIIC(T)

BJP CPI

CPM INC

JD JP

STATE PARTIES

9. ICS 10. KEC(M) 11. MUL Total REGISTERED (Unrecognised) PARTIES

12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.

BLP BSP CMPKSC FBL ILC INL JPSS KEC KEC(B) KEC(J) PDP RSP SHS SLAP SWJP Total

INDEPENDENTS 27. IND Total Grand Total

25

GENERAL ELECTION TO LOK SABHA, 1996

PONDICHERRY Party

Seats Contested

Won

NATIONAL PARTIES 5

JD JP

14 3 3 20 6 8

0 0 2 0 9 1 0

Total

59

12

10 18

3 7

28

10

6 1 6 3 5 5

0

0 0 0 1 5

26

6

157

2

Total

157

2

Grand Total

270

30

1. 2. 3. 4. 5.

AIIC(T) BJP CPI CPM INC

6. 7.

STATE PARTIES 8. ADMK 9. DMK

Total REGISTERED (Unrecognised) PARTIES 10. BSP 11. CPI (ML) (L) 12. MDMK 13. MGRK 14. PMKTMC(M) 15. TMC(M) Total INDEPENDENTS

16. IND

MAJOR EVENTS & NEW INITIATIVES

26

TAMIL NADU Seats

Party

Won

Contested

NATIONAL PARTIES

1. 2. 3. 4. 5.

AIIC(T) BJP CPI CPM INC

6. 7.

JD JP

8.

SAP

46 143 11 40 64 16 13

0 1 8 1 0 1 1 0

383

12

ADMK DMK MDMK PMK TMC(M)

169 182 177 116 40

4 173 0

Total

683

220

50

Total STATE PARTIES

9. 10. 11. 12. 13.

4 39

REGISTERED (Unrecognised) PARTIES

Seats Contested Won

Seats Contested Won 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.

AINMK APMK ATMK BMC BSP

CPI(ML)(L) FBL

3 1 19 1 9 9 1

HRPI

2

ICS

6

KMK MELPHC 25. MGRK 26. MGRM

7 1 2 1

0 0 0 0 0

0 1 0 0 0 0 0 0

27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38.

MMS

PJP RPI

RPI(S) SHS

THMM

TLJ TNHVYK TNKMI TNMC TZP

UCPI Total

1 1 5 2

0 0

13 1 3 1 1 2 1 1

0 0 0 0 0 0 0 0

94

1

0 0

INDEPENDENTS

39. IND

3857

1

Total

3857

1

Grand Total

5017

234

27

GENERAL ELECTION TO LOK SABHA, 1996

WEST BENGAL Seats

Party

Contested

NATIONAL PARTIES 1. AIIC(T) 2. BJP 3. CPI 4. CPM 5. INC

Won 0 0 6 157 82 0

6.

JD

7.

SAP

29 292 12 217 288 5 16

Total

859

245

34 23

21 18

57

39

STATE PARTIES 8. FBL 9. RSP Total

0

REGISTERED (Unrecognised) PARTIES

Seats Contested Won

Seats Contested Won 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

ABGJ ABHM ABJS AICDBPP AMB BMSM BSP

CPI (ML) (L) FB(S) GNLF

HJKP IDPP

INDEPENDENTS 39. IND Total Grand Total

3 2 1 1 46 2 48 30 20

3 2 3

0 0 0 0 0 0 0 0 1 3 0 0

22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

INL

IUML

JKP LKP(N) LMM JMM(M) MUL PBRML RCPI(R) SHS SWJP Total

7 1 5 8 26 5 20 5 2 33 2

0 0 0 1 0 0 0 0 0 0 0

275

5

844

5

844

5•

2035

294

CHAPTER III

GENERAL ELECTION TO LOK SABHA, 1998

along with General Elections to State Legislative Assemblies of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura

Introductory The Eleventh Lok Sabha was duly constituted on 15th May, 1996. It held its first meeting on 22nd May, 1996 and was normally to continue up to 21st May, 2001. On 28* November, 1997, Shri Inder Kumar Gujral, the then Prime Minister of India, submitted his resignation and that of his Council of Ministers, to the President of India. The President held prolonged discussions with political parties with a view to exploring possibilities of forming an alternative Government. As a result of this, it became clear that no political combination in the Lok Sabha was in a position to offer or receive the lawfully valid support of the critical minimum number of Members of Parliament required by that combination to secure a majority in the House. Thereupon, the President, by an order under sub-clause (b) of clause (2) of Article 85 of the Constitution of India, dissolved the Lok Sabha on 4* December, 1997. The President also directed the constitution of the new Lok Sabha by 15th March, 1998. Thus a mid-term general election to Lok Sabha became due to be held urgently within a very short period. 2. '

The Legislative Assemblies in the States of Himachal Pradesh and Gujarat

were also prematurely dissolved by the Governors of these States on 24* December, 1997 and 25th December, 1997 respectively, necessitating the holding of general

MAJOR EVENTS & NEW INITIATIVES

election to constitute new State Legislative Assemblies there. 2.1

The term of the Legislative Assemblies of the States of Meghalaya, Nagaland

and Tripura was also due to expire in the next six months, and general elections were thus due there also before these dates :State

Term of the House up to

Meghalaya

01.03.1998

Nagaland

17.03.1998

Tripura

13.05.1998

Electoral Rolls 3.

At the time when the Lok Sabha was dissolved in December, 1997, the

Commission was engaged in carrying out the exercise of revising and updating the electoral rolls throughout the country, with 1.1.1998 as the qualifying date. Due to sudden dissolution of the Lok Sabha and elections becoming imminent all over the country, it was apprehended that there might be attempts in certain quarters to stuff the electoral rolls. Therefore, for the first time, the Commission went into the constituency-wise details of the number of claims and objections filed in various constituencies in the country, and where any abnormality was observed, special monitoring and field visits were organised to ensure that the fidelity of the electoral rolls was not tampered with by any unscrupulous elements. 4.

The revised electoral rolls for the entire country with 1.1.1998 as the

qualifying date were published on 5.1.1998. Inclusions or deletions in or from the electoral rolls as per the law are a continuous process till the last date for making nominations in the Constituency. However, it is reasonable to apprehend that when the elections are on the anvil there would be over enthusiasm in these respects on the part of several vested interests. Therefore, the Commission issued detailed instructions on how inclusions or deletions could be allowed during the interregum between publication of rolls and the elections that were scheduled to be held a month and a half later. . 5.

It is worth mentioning that drawing up of electoral rolls for the State of

Assam had always been a difficult operation scheme for the Commission due to

GENERAL ELECTION TO LOK SABHA, 1998

the peculiar problem of the foreigners' issue in the State. Therefore, the Commission had embarked on an intensive revision of electoral rolls in Assam with 1.1.1997 as the qualifying date. These rolls were published on 9th December, 1997. The special feature of the rolls brought out by the Commission for Assam, in this case, was to mention in the rolls itself those who, in the eyes of the law, have a disputed status regarding citizenship. Subsequently, after the publication of the rolls, the Commission issued directions saying that somebody whose citizenship is under legal doubt shall not have the right to vote or the right to contest. This decision remains in force till today. Interaction with Government of India, Political Parties etc. 6.

Soon after the dissolution of Lok Sabha on 4th December, 1997, the

Commission held detailed interaction with the representatives of National and State recognised political parties on the 22nd and 23rd of December, 1997, regarding matters connected with the ensuing General Elections. 7.

The Commission also held detailed consultations with the Ministry of

Home Affairs, Government of India and obtained detailed inputs on the security and law and order situation in the country and the relevant security aspects in regard to holding of general elections to Lok Sabha and the above mentioned five State Legislative Assemblies. 8.

The Commission, after taking into account all relevant factors, decided to

hold simultaneous elections to Lok Sabha and the State Legislative Assemblie-s of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura. The Commission also decided to hold simultaneously bye-elections to fill 21 casual vacancies, then existing in various other State Legislative Assemblies. 9.

During the previous elections in 1996, due to certain compelling reasons,

the elections in the State of J & K had been segregated from the rest of the country. The Commission had conducted general elections to the Lok Sabha by first conducting the election in the entire country, and only thereafter conducting them in the State of Jammu & Kashmir. For the 1998 elections, after discussions with senior State officials headed by the Chief Secretary, Jammu & Kashmir, and also after discussing extensively with the Ministry of Home Affairs, the Commission

T>\

MAJOR EVENTS & NEW INITIATIVES

decided to conduct elections in the entire country including Jammu & Kashmir in an integrated fashion. This, however, gave rise to certain logistic problems in movement of Central police forces to assist in the conduct of elections in the country. Accordingly, it was decided that the elections would be carried out for the entire country in three phases, with a fourth phase covering three of the six constituencies of the State of Jammu & Kashmir. Similarly, the intervening period between each phase was worked out keeping in mind the large scale movement of police forces from one State to another. To ensure that by and large throughout the country the duration of the campaign period for a candidate remains the same, for the first time since 1971, general elections with multiple notifications were envisaged keeping the campaign period around 14 days. This would, it was felt, have also the necessary impact on the keeping of expenditure towards campaigning to reasonable levels.

Election Programme 10.

In fixing the programme of election, the Commission kept the following

considerations in view :(a)

The campaign period in all States and UTs should as far as practicable be kept at the minimum. Therefore, multiple schedules for Lok Sabha elections were fixed and four sets of notifications calling the elections were issued by the President and the Commission on different dates.

(b)

For the States of Andhra Pradesh, Bihar, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu, Uttar Pradesh and West Bengal, it was decided to have a two day poll.

(c)

For the State of Jammu & Kashmir, a three day poll was considered desirable.

(d)

For all the remaining States and Union Territories, which included all the five States of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura, where Assembly elections were also held simultaneously, it was decided to have a single day poll.

GENERAL ELECTION TO LOK SABHA, 1998

(e)

.

The counting of votes was decided to be taken up on 8th and 9th March, 1998, (i.e. after the completion of poll in all States and Union Territories, except in some constituencies in Jammu & Kashmir) except in the case of Meghalaya. In the case of Meghalaya, the counting of votes was decided to be taken up on 23rd February, 1998, as the term of the State Legislative Assembly was up to 1st March, 1998 and the new Assembly was to be constituted by that date.

11.1

The Commission announced the programme for General Elections to Lok

Sabha, and the five State Legislative Assemblies, and also for the bye-elections, at a largely attended Press Conference, by both the national and international media on 1st January, 1998. 11.2

The Commission fixed the following schedule for holding these elections

simultaneously.(a)

For all Parliamentary and Assembly Constituencies in the States of Meghalaya and Tripura : (a)

Date of issue of President's /Governor's

20.01.1998 (Tuesday)

notification calling the general election

(b)

(b) Last date for making nominations

27.01.1998 (Tuesday)

(c)

28.01.1998 (Wednesday)

Date for the scrutiny of nominations

(d) Last date for withdrawal of candidatures

31.01.1998 (Saturday)

(e)

Date of poll

16.02.1998 (Monday)

(f)

Date of completion of election

12.03.1998 (Thursday)

For all Parliamentary Constituencies in the States and Union Territories of Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Haryana, Karnataka, Manipur, Punjab, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh, Andaman & Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, NCT of Delhi and Lakshadweep, and for one Parliamentary Constituency in the State of Jammu & Kashmir :

33

•24

MAJOR EVENTS & NEW INITIATIVES

(a)

Date of issue of President's notification

21.01.1998 (Wednesday)

calling the general election (b) Last date for making nominations

28.01.1998 (Wednesday)

(c) Date for the scrutiny of nominations

29.01.1998 (Thursday)

(d) Last date for withdrawal of candidatures

31.01.1998 (Saturday)

(e) Date(s) of poll

16.02.1998 (Monday) and 22.02.1998 (Sunday)

(f) (c)

Date of completion of election

12.03.1998 (Thursday)

(i) For all Parliamentary and Assembly Constituencies in the States of Gujarat, Himachal Pradesh and Nagaland. (ii) For all Parliamentary Constituencies in the States and Union Territories of Goa, Kerala, Madhya Pradesh, Maharashtra, Orissa, West Bengal and Pondicherry. (iii) For two Parliamentary Constituencies in the State of Jammu & Kashmir. (a)

Date of issue of President's/Governor's

28.01.1998 (Wednesday)

notification calling the general election (b) Last date for making nominations

04.02.1998 (Wednesday)

(c)

05.02.1998 (Thursday)

Date for the scrutiny of nominations

(d) Last date for withdrawal of candidatures

07.02.1998 (Saturday)

(e) Date(s) of poll

22.02.1998 (Sunday) and 28.02.1998 (Saturday)

(f) (d)

Date of completion of election

12.03.1998 (Thursday)

For three Parliamentary Constituencies in the State of Jammu & Kashmir. (a) Date of issue of President's notification calling the general election

10.02.1998 (Tuesday)

GENERAL ELECTION TO LOK SABHA, 1998

12.

35

(b)

Last date for making nominations

17.02.1998 (Tuesday)

(c)

Date for the scrutiny of nominations

18.02.1998 (Wednesday)

(d)

Last date for withdrawal of candidatures

20.02.1998 (Saturday)

(e)

Date of poll

07.03.1998 (Saturday)

(f)

Date of completion of election

12.03.1998 (Thursday)

The hours of poll were fixed from 7.00 A.M. to 4.00 P.M. in respect of

Arunachal Pradesh, Assam, Jammu & Kashmir, Himachal Pradesh, Manipur, Mizoram, Meghalaya, Nagaland, Sikkim and Tripura States.

In respect of

remaining States and Union Territories, the hours of poll were fixed from 7.00 A.M. to 5.00 P.M.

GENERAL E L E C T I O N T O LOK SABHA Minor Changes in Election Schedule 13. Some minor changes were made subsequently in the above programme of election for Lok Sabha. The date of poll in 25-Belgaum and 26-Chikodi (SC) Parliamentary Constituencies in Karnataka State was changed to 22.02.1998 from 16.02.1998, as fixed earlier, due to a local Jathra. The date of poll in 2-Mandi Parliamentary Constituency in Himachal Pradesh and 4-Ladakh Parliamentary Constituency in Jammu & Kashmir was postponed to 21 st June, 1998, due to adverse weather conditions. The date of poll in respect of 20-Coimbatore Parliamentary Constituency in Tamil Nadu was rescheduled to 28th February, 1998, due to law and order problems. The poll in 8 polling stations of 5-Udhampur Parliamentary Constituency could also not be taken on the scheduled date, as polling parties failed to reach the polling stations due to adverse weather conditions. The poll in these polling stations was taken on 15th April, 1998. Nominations, Scrutiny and Withdrawal 14.

As per the programme given above, the process of filing nomination papers

for General Election to Lok Sabha started from 20th January, 1998. A total number of 6,219 nominations were filed for 543 Parliamentary Constituencies in the entire

MAJOR EVENTS & NEW INITIATIVES

country. 829 nominations were rejected on scrutiny and 640 candidatures were withdrawn. Consequently, 4,750 contesting candidates were left in the field. In four constituencies, there was a direct contest between two contesting candidates each. The highest number of contestants was 34 in 18-Ongole Parliamentary constituency in Andhra Pradesh. There was a sharp decline in the number of contesting candidates, in comparison to the General Election held to Lok Sabha in 1996, where the number of contestants was 13,952. This steep fall was mainly due to the increase in the amount of security deposit by candidates from Rs.500A to Rs. 10,000/- (half for SC/ST candidates) by amendment of the law in August, 1996. A further restriction was also placed, by the aforesaid amendment of law, on the nomination of candidates in that the candidates set-up by registered — unrecognised political or independent candidates were required to have at least 10 proposers for each of their nomination papers. Election Material 15.1

Necessary arrangements for procuring the election materials, like, Ballot

Boxes, Green Paper Seals, Arrow Cross Mark Rubber Stamps, Indelible Ink, Symbol Blocks, Printing of Ballot Papers, etc., were made smoothly and efficiendy. 15.2

The Commission approved the new design for green paper seals printed

with 4 prefixes and 6 digits (0OAA00OO0O), in place of 1 prefix and 7 digits (C0000000). Model Code of Conduct 16.

The Commission, immediately after the dissolution of the Lok Sabha,

conveyed that the Nation was now on "an active election mode" and that no transfers to all concerned election related officers should be made throughout the country. Any transfer in this regard due to administrative requirements was to be carried out with the prior approval of the Commission. 17.

Around the same time in the State of Uttar Pradesh, elections to the State

Legislative Council, where the electorate was represented by the Local Bodies, had already been announced by the Commission and were scheduled to be held towards the end of December, 1997. On the eve of these elections, the then Government

GENERAL ELECTION TO LOK SABHA, 1998

of Uttar Pradesh announced large scale devolution of funds to the local bodies. The Commission considered this to be vitiation of the electoral process and postponed these elections by a period of 20 days to 11.1.1998. 18.

The Commission announced its detailed schedule for elections, bringing

into force the Model Code of Conduct, on 1.1.1998. The Model Code of Conduct was brought into force by the Commission throughout the country to ensure level playing field between contesting candidates and political parties. A special problem was brought out that due to the constitutional provisions, some of the State legislatures had to meet within a period of six months, when the Model Code of Conduct was in force. With the elections having been announced in these States, there were apprehensions expressed by some opposition parties in those States that the political executive taking the advantage of such meeting of the Assembly, might announce populist schemes on the floor of the House., The Commission, while appreciating such apprehension, was also conscious of the sanctity provided under the Constitution to constitutional bodies, likt>, the State Legislature. Therefore, the Commission addressed a letter to the Chief Ministers of these States, stating that while the Commission was conscious of the constitutional obligation and sanctity of the Legislative Assembly, the Legislature also in turn should respect the Commission's constitutional mandate of conducting free and fair elections. To the credit of these Assemblies and the maturity that the Indian democratic process has gained, the Commission's views were respected and no populist schemes were announced by any Legislative Assembly on the subject that could have any impact on the free and fair nature of the electoral process. In one of the States, just on the eve of elections, the State Government appointed certain members of the opposition parties as Chairmen of some public undertakings, obviously with a view to winning them over for the ruling party. It was considered to be a violation of the Model Code of Conduct and these appointments were held back at the intervention of the Commission. Plying of Vehicles 19.

The Commission issued instructions that cars/vehicles, which are used in

electioneering purpose, shall not move in convoys of more than three vehicles

37

TO

MAJOR EVENTS & NEW INITIATIVES

from the date of notification till the completion of election. In the case of persons provided with security, the number of vehicles was restricted to three vehicles plus security vehicles. The contesting candidates were required to register the vehicles used by them for electioneering purposes with the District Election Officer. Prohibition of Liquor, etc. 20.

A new section 135C has been inserted in the Representation of the People

Act, 1951 in 1996: "135C Liquor not to be sold, given or distributed on polling day.— (1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, catering house, tavern, shop or any other place, public or private, within a polling area during the period of forty eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area." 21.

In addition to this, the Commission has recommended to the State

Governments that the day after the day of poll, the day before the day of counting of votes, the day(s) of counting of votes and the day following the day of counting should also be declared as 'dry days' under the excise laws of the State. Political Parties, Splits and Mergers 22.

Another unwelcome feature which the country had been witnessing over

the last several decades was the initial split of parties, often well established, into various splinter groups on the eve of elections due to intraparty disputes mainly on the questions of candidates that the parties intended to set up or the alliances that parties wished to make with each other. In the run up to the 1998 general elections, this phenomenon was witnessed in its most alarming proportions in as much as light new splinter groups came to be formed because several recognised political parties on the national and regional levels split on these two counts. The Commission decided that, while it had nothing to do with the reasons for the splits of political parties as we had no wish to impose its will on the free flow of the politics in the county, it would not grant recognition to splinter groups just

GENERAL ELECTION TO LOK SABHA, 1998

on the basis of a few members of Parliament or State Legislature in their folds, as used to be die practice in the past. The Commission was of the view that an elected representative of the undissolved party would not carry with him the electoral mandate that he had obtained as a candidate set up by the original party with which he had now parted company and formed a new group. The Commission, therefore, took a stand that recognition of a political party shall only be extended by the Commission only on the basis of its own poll performance at the next general elections. However, the Commission also took into consideration the ground reality that the political arena had become used to the earlier practice of the Commission whereby the splinted groups were granted recognition, a total and sudden departure from the past practice may cause an unwelcome disturbance i n the equilibrium in the political process. Therefore, it adopted a via media of one-time concession to the splinter groups and permitted them to contest the general elections to the Lok Sabha and the State Legislature Assemblies on the basis of a common symbol, but without granting them formal recognition. Security Arrangements 23.1

The Commission issued detailed instructions to the State Governments/

Chief Electoral Officers for sending daily reports on law and order situation, starting from 16th January, 1998, till the completion of election process in the State. The reports were to include, inter-alia, the information relating to number of unlicensed arms/explosives seized, persons killed or injured in police action, polling persons killed/injured, and details of important incidents, etc. 23.2

The Commission also allowed the deployment of Home Guards for the

conduct of elections. This was subject to the condition that the Home Guards should have been recruited before 1st December, 1997 after following the normal recruitment procedure. 23.3

The Commission also allowed the deployment of Ex-servicemen, retired

policemen, including retired members of the Central Para Military Forces, subject to the condition that the services of only those persons shall be utilised, who had retired during the last five years. It was further stipulated that the persons so deployed should be able bodied and shall not be deployed in their native tehsils/ blocks or talukas.

39

An

MAJOR EVENTS & NEW INITIATIVES

Special Arrangements for Postal Ballot Papers in Kashmir 24.1

The Commission made special arrangements for Kashmiri migrants residing

in Delhi, Jammu and elsewhere, for exercising their franchise through postal ballot papers. Such migrants were enrolled in the following assembly constituencies in Kashmir and were residing at Delhi and elsewhere:1-Karnah, 2-Kupwara, 3-Lolab, 4-Handwara, 5-Langate, 6-Uri, 7-Rafiabad, 8-Sopore, 9-Gurez, 10-Bandipora, 11-Sonawari, 12-Sangrama, 13-Baramulla, 14-Gulmarg and 15-Pattan 24.2

In order to facilitate the migrant voters to make their applications for postal

ballot papers and send their postal ballots, special postal boxes were placed at Tis Hazari Courts Building and Jammu & Kashmir House, Prithvi Raj Road. 24.3

Further, five gazetted officers were posted at both these centres to make

necessary certification on these applications for postal ballot papers (Form 12C) upon production of necessary evidence of identity of the Kashmiri migrants. Observers 25.

The Commission appointed 1,073 General Observers to oversee that the

elections were conducted in a free and fair manner. The Commission also appointed 547 Election Expenditure Observers for monitoring and reporting the instances of misuse of money power for manipulating the will of electors. All the Observers were required to remain present in the counting centres at the time of counting of votes. For this purpose, 67 additional observers for counting were also appointed. Polling 26.1

Polling in the general election passed off, by and large, peacefully. The poll

was held in 7,73,494 polling stations. In 6,611 cases, repoll was held as the booths were captured or some unlawful activities or procedural irregularities had taken place at the time of poll. 26.2

The total number of electorate was 60,58,84,103. 37,54,54,034 voters cast

their vote. The percentage of poll was 61.97%. During the general election to Lok Sabha in 1996, the percentage of poll was 57.94%.

GENERAL ELECTION TO LOK SABHA, 1998

27.

The Commission kept a tight watch over the conduct of elections. For the

State of Bihar, special arrangement was made for the printing of ballot papers in Delhi and Faridabad at the Central Government presses and these ballot papers were air-lifted by special planes. In Patna parliamentary constituency, large scale complaints of booth capturing were received by the Commission on the date of poll and a senior official of the Commission was deputed to make an on-the-spot inquiry. As a result of that inquiry, the poll for the entire Patna parliamentary constituency was declared void and a fresh poll was taken on 30th March, 1998. The officials who had bungled in the conduct of free and fair elections were transferred out and fresh poll was conducted under a new set of officials and by induction of Central Para Military Forces. Similarly, detailed inquiry was conducted in respect of two other parliamentary constituencies in Bihar and UP for which the Commission had received large scale complaints regarding the conduct of free and fair elections. Having gone into these complaints, the Commission ordered large scale repolls in the two constituencies of Madhepura in Bihar and Baghpat in Uttar Pradesh. These repolls were conducted under heavy security and in case of Baghpat where large scale impersonation had taken place, static videos were placed outside the polling stations to negate this electoral abuse. Counting of Votes 28.

Fool-proof arrangements were made for safe custody of polled ballot boxes

after the poll. The Chief Secretaries/ Chief Electoral Officers were asked to ensure that Central Police Forces were deployed, as far as practicable, in appropriate strength at the places where boxes were stored to avoid any untoward incident. 29.

The Commission issued detailed instructions regarding counting centres

for counting of votes. Adequate arrangements for fire engines, fire extinguishers, emergency lights, etc., were made in and around counting centres. 30.

Making a significant departure from the past practice, which was resulting

in delayed commencement of counting in many cases, this time, the Commission directed that the Returning Officers were not required to obtain prior permission from the Commission for commencement of counting of votes. The Commission also decided that only such cases, where the margin between the votes secured by

41

MAJOR EVENTS & NEW INITIATIVES

42

the first two leading candidates was less than 1% of the total valid votes polled by all candidates in the constituency, need be referred to the Commission for clearance of declaration of result. These instructions quickened considerably the pace of counting of votes and declaration of results. 31.

The Commission, for the first time, started to evolve a procedure by which

round-wise results from all constituencies were made available after each round in the country. 32.

The counting of votes for the two parliamentary constituencies in

Meghalaya was taken up on 23rd February, 1998. It was taken up early along with the counting of votes for the State Legislative Assembly which had to be completed well before the normal expiry of the term of that Assembly on 1st March, 1998. The counting of votes in other parliamentary constituencies, where the poll was taken on the scheduled dates, was taken up on 8th March, 1998 at 8.00 A.M. 33.

The counting of votes in respect of all Parliamentary Constituencies, except

35-Patna in Bihar, 2-Mandi in Himachal Pradesh, 4-Ladakh and 5-Udhampur in Jammu & Kashmir, was completed by 10th March, 1998. 34.

The number of seats contested and seats won by various parties are shown

in Annexure III. ANNEXURE III Party

I.

II.

Seats contested

National Parties Bharatiya Janata Party Bahujan Samaj Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal Samata Party State Parties

III. Registered Parties (Unrecognised) IV. Independents

Seats won

Percentage of votes polled

1493

387

388 251 58 71 477 191 57

182 5 9 32 141 6 12

67.98% 25.59% 4.67% 1.75% 5.16% 25.82% 3.24% 1.76%

471

101

18.79%

871

49

10.87%

1915

6

2.37%

GENERAL ELECTION TO LOK SABHA, 1998

43

Due Constitution of Twelfth Lok Sabha 35.

The Commission issued the 'Due Constitution' notification under section

73 of the Representation of the People Act, 1951, notifying the names of elected members to constitute the Twelfth Lok Sabha, on 10th March, 1998. It was for the first time that the 'Due Constitution' notification issued by the Commission indicated the party affiliation, if any, of the elected members in the notification. The first meeting of the new Twelfth Lok Sabha was held on 23rd March, 1998.

STATE ASSEMBLY ELECTIONS 1. GUJARAT LEGISLATIVE ASSEMBLY The Legislative Assembly of Gujarat was dissolved by the Governor on 25

th

December, 1997. The Commission decided to have general election to the

State Legislative Assembly simultaneously with the general election to Lok Sabha. 2.

The Commission forwarded its recommendation to the Governor of

Gujarat for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly Constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

Date of issue of Governor's notification calling the general election

'

28.01.1998

(b)

Last date for making of nominations

04.02.1998

(c)

Date of scrutiny of nominations

05.02.1998

(d)

Last date for withdrawal of candidatures

07.02.1998

(e)

Date of poll

28.02.1998

(f)

Date before which the election shall be completed

12.03.1998

(g) 3.

Hours of poll

7.00 A.M. to 5.00 P.M. '

The process of filing of nomination papers started on 28th January, 1998.

A total number of 2,040 nominations were filed. 437 nominations were rejected and 478 nominations were withdrawn. 1,125 candidates were left in the field for

MAJOR EVENTS & NEW INITIATIVES

44

182 Assembly constituencies. There were 2 contesting candidates in one constituency. The maximum number of candidates in a constituency was 16. 4.

The total electorate was 2,87,74,443. 35,011 polling stations were set up for

casting votes by voters. 1,70,63,160 electors voted during the elections. Poll percentage was 59.30% 5.

The poll was by and large peaceful. Repoll was held in 48 polling booths

of 9 Assembly constituencies due to booth capturing, etc. The counting of votes in respect of all constituencies was taken up on 8th

6.

March, 1998. All the results were declared without any problem. 7.

The number of seats contested and seats won by various parties are

under : Party

Seats

Seats

Percentage of

contested

won

votes polled

Bharatiya Janata Party

182

117

44.81%

Communist Party of India

007

000

00.08%

Communist Party of India (Marxist)

001

000

00.12%

Indian National Congress

179

053

34.85%

Janata Dal

091

004

02.63%

Samata Party

008

000

00.05%

Republican Party of India

011

000

00.03%

Shiv Sena

005

000

00.02%

Samajwadi Party

033

001

00.40%

168

004

11.68%

415

003

05.24%

National Parties

State Parties

Registered (Unrecognised) Parties All India Rashtriya Janata Party Independents Independents

GENERAL ELECTION TO LOK SABHA, 1998

8.

•

45

The Commission's 'Due Constitution' notification under section 73 of

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 4th March, 1998. The first meeting of the new State Legislative Assembly was held on 19th March, 1998. 2. HIMACHAL PRADESH LEGISLATIVE ASSEMBLY The Legislative Assembly in the State of Himachal Pradesh was prematurely dissolved by the Governor on 24th December, 1997 on the advice of the State Council of Ministers. The Commission decided to have general election to the State Legislative Assembly simultaneously with general elections to Lok Sabha. 2.

The Commission forwarded its recommendation to the Governor of

Himachal Pradesh for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

calling the general election

28.01.1998

(b)

Last date for making of nominations

04.02.1998

(c)

Date of scrutiny of nominations

05.02.1998

(d)

Last date for withdrawal of candidatures

07.02.1998

(e)

Date of poll

28.02.1998

(f)

Date before which the election shall be completed

12.03.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 5.00 P.M.

The process of filing of nomination papers started on 28th January, 1998.

A total number of 535 nominations were filed. 100 nominations were rejected and 66 nominations were withdrawn.

369 candidates were left in the field for 68

assembly constituencies. There was no straight contest in any constituency — three

MAJOR EVENTS & NEW INITIATIVES

being the minimum number of contesting candidates in a constituency. The maximum number of candidates in a constituency was nine. 4.

The poll in 1-Kinnaur (ST), 54-Bharmour (ST) and 55-Lahaul and Spiti (ST)

Assembly constituencies was postponed due to adverse weather conditions. The poll in these three constituencies was taken on 3rd June, 1998. 5.1

Poll for elections for 65 seats was held on 28* February, 1998. The counting

of votes was taken up on 2nd March, 1998. 5.2

During the intervening period, i.e., after the polling on 28.02.1998 and prior

to the commencement of counting, the candidate set up by the Bharatiya Janata Party in 39-Pragpur (SC) Assembly constituency expired. After the counting process was over, it was found that he had won the election from this assembly constituency. Accordingly, the bye-election to fill this seat was held on 3rd June, 1998, along with the postponed elections to three Assembly seats. The counting of votes in respect of postponed elections from 3 Assembly constituencies and the bye-election was taken up on 6th June, 1998. 6.

Even in June, 1998, helicopters were used for lifting of polling personnel,

security personnel and election materials in the tribal and snow-bound areas of Kinnaur, Lahaul-Sipiti and Pangi-Bharmour. 7.

The total electorate was 36,28,864. 6230 polling stations were set up for

casting votes by voters. 25,84,784 electors voted during the elections. Poll percentage was 71.23% 8.

The counting of votes in respect of 65 Assembly constituencies was taken

up on 2nd March, 1998. 9.

The number of seats contested and seats won by various parties was as

under: -

47

GENERAL ELECTION TO LOK SABHA, 1998

Party

Seats

Seats Percentage of

contested

won

votes polled

Bharatiya Janata Party

68

31

39.02%

Bahujan Samaj Party

28

00

01.41%

Communist Party of India

14

14

00.43%

Communist Party of India (Marxist)

11

11

00.53%

Indian National Congress

68

31

43.51%

Janata Dal

21

00

00.75%

Shiv Sena

06

06

00.11%

Samajwadi Party

14

00

00.12%

62

05

09.63%

52

01

04.18%

National Parties

State Parties

Registered (Unrecognised) Parties Himachal Vikas Congress Independents Independents 10.

The Commission's 'Due Constitution' notification under section 73 of

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 9th March, 1998. The first meeting of the new State Legislative Assembly was held on 12th March, 1998. 3. MEGHALAYA LEGISLATIVE ASSEMBLY The Lok Sabha was dissolved by the President of India on 4th December, 1997. The President also directed the constitution of the new Lok Sabha by 15th March, 1998. The term of the then existing Legislative Assembly of Meghalaya was up to 1st March, 1998. The Commission decided to have simultaneous elections to the State Legislative Assembly along with the general election to Lok Sabha.

MAJOR EVENTS & NEW INITIATIVES

2.

The Commission forwarded its recommendation to the Governor of

Meghalaya for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

Date of issue of Governor's notification calling the general election

20.01.1998

(b) Last date for making of nominations

27.01.1998

(c)

Date of scrutiny of nominations

28.01.1998

(d)

Last date for withdrawal of candidatures

31.01.1998

(e)

Date of poll

16.02.1998

(f)

Date before which the election shall be completed

(g) 3.

Hours of poll

23.02.1998 7.00 A.M. to 4.00 P.M.

The process of filing of nomination papers started on 20th January, 1998.

A total number of 328 nominations were filed. 14 nominations were rejected and 6 nominations were withdrawn.

308 candidates were left in the field for 60

assembly constituencies. There was a direct contest between two contesting candidates in one constituency.

The maximum number of candidates in a

constituency was 14. 4.

The total electorate was 11,57,494. 1,569 polling stations were set up for

casting votes by these voters. 8,62,215 electors voted during the elections. Poll percentage was 74.52% 5.

The counting of votes in respect of all Assembly constituencies was taken

up on 23rd February, 1998. The counting of votes was delinked from other States and taken up earlier as the term of the existing Legislative Assembly was to expire on 1st March, 1998. All the results were declared within two days.

GENERAL ELECTION TO LOK SABHA, 1998

49

6.

The number of seats contested and seats won by various parties was as under: Party

Seats

Seats

Percentage of

contested

won

votes polled

National Patties Bharatiya Janata Party

28

03

05.01%

Communist Party of India

09

00

00.17%

Indian National Congress

59

25

35.03%

Janata Dal

01

00

00.00%

Hill State Peoples Democratic Party

19

03

06.77%

Samajwadi Party

05

00

00.09%

United Democratic Party

56

20

26.99%

Garo National Council

16

01

02.11%

People's Democratic Movement

19

03

06.95%

85

05

16.16%

State Parties

Registered (Unrecognised) Parties

Independents Independents 7.

The Commission's 'Due Constitution' notification under section 73 of

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 25th February, 1998. The first meeting of the new State Legislative Assembly was held on 9th March, 1998. 4. NAGALAND LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of Nagaland was up to 17th March, 1998. The Commission decided to have simultaneous elections to the State Legislative Assembly, along with the general election to Lok Sabha, which had become due on the premature dissolution of the Eleventh Lok Sabha on 4th December, 1997.

MAJOR EVENTS & NEW INITIATIVES

2.

The Commission forwarded its recommendation to the Governor of

Nagaland for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

calling the general election

28.01.1998

(b)

Last date for making of nominations

04.02.1998

(c)

Date of scrutiny of nominations

05.02.1998

(d)

Last date for withdrawal of candidatures

07.02.1998

(e)

Date of poll

22.02.1998

(f)

Date before which the election shall be completed

12.03.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 4.00 P.M.

The process of filing of nomination papers started on 28th January, 1998.

A total number of 142 nominations were filed. 8 nominations were rejected and 54 nominations were withdrawn.

80 candidates were left in the field for 60

Assembly constituencies. There was, however, no contest in 43 Assembly constituencies, because some of the parties had given a call for boycott of the general election. There were 2 contesting candidates in 15 constituencies. The maximum number,of candidates in a constituency was four. 4.

The total electorate in the 17 Assembly constituencies where poll took place

was 2,60,646. 1,573 polling stations were set up for casting votes by these voters. 205,788 electors voted during the elections. Poll percentage was 78.95%. 5.

The counting of votes in respect of all Assembly constituencies which went

to the polls was taken up on 7th February, 1998.

GENERAL ELECTION TO LOK SABHA, 1918

6.

51

All the results were declared without any problem. The number of seats

contested and seats won by various parties was as under: Seats contested

Party

Seats won

Percentage of votes polled

National Parties Indian National Congress Party

60

53

50.73%

20

07

49.27%

Independents Independents

The Nagaland Poeple's Council, a recognised State party in Nagaland at the time of the elections, boycotted the elections, resulting in its losing the recognition as the party failed to fulfil the conditions mentioned in paragraph 6 of the Election Symbols (Reservation and Allotment) Order, 1968. In its order withdrawing the recognition of that party as a state party in Nagaland, the Commission observed that "In the current political situation in the country, parties, big or small, often threaten to promote a boycott of the democratic process. In rare instances they actually carry out the threat and boycott the electoral process. It is the view of the Commission that political parties, particularly, recognised political parties, should always act so as to carry forward the democratic process rather than negate the same. The Commission has, therefore, consistently and firmly tried to curb this tendency of boycott of elections by any political party. The major problems in the political domain in the country have to be resolved in the political arena itself. It has to be resolved democratically through the electoral process. The Commission is heartened by the fact that its stand has been accepted by the highest Court in the land. Therefore, through its stand in the instant case, the Commission once again reiterates its position and sends a clear signal to all parties that the democratic electoral process would not be allowed to be thwarted through boycott, whatever be the reasons for the same. While taking this stand, the Commission shall of course, continue to exert to create conditions for free and fair elections and to bring about a level playing field between contesting parties and candidates."

52

MAJOR EVENTS &c NEW INITIATIVES

7.

The Commission's 'Due Constitution' notification under section 73 of

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued, on 4th March, 1998. The first meeting of the new State Legislative Assembly was held on 23rd March, 1998. *Note :

1. 43 candidates returned uncontested. 2. Number of votes polled pertains to 17 constituencies only where polling took place.

5. TRIPURA LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of Tripura was up to th

13 May, 1998. The Commission decided to have simultaneous elections to the State Legislative Assembly, along with the general election to Lok Sabha, which became due on the premature dissolution of the Eleventh Lok Sabha on 4th December, 1997. 2.

The Commission forwarded its recommendation to the Governor of Tripura

for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

Date of issue of Governor's notification calling the general election

20.01.1998

(b) Last date for making of nominations

27.01.1998

(c)

28.01.1998

Date of scrutiny of nominations

(d) Last date for withdrawal of candidatures

31.01.1998

(e) Date of poll

16.02.1998

(£) Date before which the election shall be completed

12.03.1998

(g) Hours of poll 3.

'

'

7.00 A.M. to 4.00 P.M.

The process of filing of nomination papers started on 20h January, 1998. A

total number of 331 nominations were filed. 39 nominations were rejected and 22 nominations were withdrawn. 270 candidates were left in the field for 60 Assembly

GENERAL ELECTION TO LOK SABHA, 1998

53

constituencies. There were minimum 3 contesting candidates in one constituency. The maximum number of candidates in a constituency was 9. 4.

The total electorate was 17,27,659. 2,367 polling stations were set up for

casting votes by these voters. 13,96,565 electors voted during the elections. Poll percentage was 80.84% 5.

The counting of votes in respect of all Assembly constituencies was taken

up on 2nd and 3rd March, 1998. All the results were declared promptly. 6.

The number of seats contested and seats won by various parties was as

under: Party

National Parties Bharatiya Janata Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal State Parties All India Forward Bloc Revolutionary Socialist Party Tripura Upajati Juba Samiti

Seats

Seats

Percentage of

contested

won

votes polled

03

00 01 38 13 00

05.87% 01.38% 45.49% 43.55% 00.24%

01 02 10

00 02 04

00.56% 50.36% 07.19%

60

02

03.29%

60 02 55 45

Independents Independents

7.

The Commission's 'Due Constitution' notification under section 73 of

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 10th March, 1998. The first meeting of the new State Legislative Assembly was held on 23rd March, 1998.

CHAPTER IV

GENERAL ELECTION TO LOK SABHA, 1999 along with General Elections to State Legislative Assemblies of Amnachal Pradesh, Andhra Pradesh, Karnataka, Maharashtra and Sikkim

Introductory The 12th Lok Sabha was duly constituted on 10th March, 1998. It held its first meeting on 23rd March, 1998 and was normally to continue up to 22nd March, 2003. On 17th April, 1999, Shri Atal Bihari Vajpayee, the then Prime Minister of India, submitted his resignation and that of his Council of Ministers, to the President of India, consequent on the defeat on that day of the Motion of Confidence in the Council of Ministers moved in the Lok Sabha. The President held extensive discussions with the political parties to explore the possibilities of forming an alternative Government. As no viable alternative emerged, the President, by an order under sub-clause (b) of clause (2) of Article 85 of the Constitution of India, dissolved the 12th Lok Sabha on 26* April , 1999 to transact some urgent business. Thus, a mid-term General Election to Lok Sabha became due well before the 21st October, 1999, so that the new House could meet within six months of the last sitting of the earlier House, as required under clause (1) of Article 85. 2.

Before the dissolution of the 12th Lok Sabha took place, the Commission

had already embarked on 11 February, 1999, upon its constitutional and legal duty to update the electoral rolls for the entire country with reference to 01.01.1999

MAJOR EVENTS & NEW INITIATIVES

as the qualifying date in the normal course of its business. This time, extensive technological inputs were being put to use in the preparation of the rolls, so that cleaner and more accurate electoral rolls became available for usage in the country. The rolls were to be computerized with the photo identity card number of the elector being mentioned in the electoral rolls itself. Not only this, but they were to be brought out in an integrated fashion in bound copies by amalgamating the supplements of the previous years, and were also to be brought out in CD-ROMs. The campaign for revision of electoral rolls had been decided to be conducted on a much wider and extensive scale and in a style similar to the 'pulse polio' drive. In the period allocated for making claims and objections for inclusions or deletions in each constituency, on four separate days — two Saturdays and two Sundays — all the polling stations were to be manned by election officials to receive those applications close to the places of residence of intending applicants. When we keep in mind that this exercise was to cover 600 million plus electors spread over a sub-continent, the enormity of the task becomes mind-boggling. 3.

As soon as the Lok Sabha was dissolved in April, 1999, a demand was

made by a section of the political parties that elections should be conducted immediately in May-June itself. Another section of the political parties, however, demanded that the elections should be held only after the revision of electoral rolls then underway, as it would be improper to disenfranchise all those millions of young boys and girls who had attained the age of 18 years on 1.1.1999. 4.

The Commission met various delegations from major political parties who

came forward with their views on the conduct of elections, particularly, in regard to the period during which the elections should be held. The Commission found these views of various political parties of immense help to it in its internal deliberations. But before taking my final view in the matter, the Commission decided to meet formally all recognised political parties, and accordingly, a meeting with them was held on 3rd May, 1999. At this meeting also, the opinion was sharply divided over the scheduling of these elections. 5.

The task before the Commission as to when to hold these elections within

the six months period available to it was thus an unenviable one, as the period involved the heat-wave then sweeping across the country with mercury touching

GENERAL ELECTION TO LOK SABHA, 1999

48 degrees Celsius in some parts, monsoon entering the sub-continent towards the end of May and the rainy season continuing in different parts of the country till almost the end of August. The possibility of floods ravaging certain parts of the country in September-October also made the identification of period for actual conduct of elections a difficult exercise. 6.

The Commission also could not overlook the requirement of law that the

electoral rolls should be revised before every general election. It could not think of any justifiable reason to rescind the process of revision of electoral rolls already set in motion since 11th February, 1999 and to fall back upon the rolls of 1998. The Commission also took into account the multifarious tasks that it had necessarily to undertake before embarking on this gigantic electoral exercise. The Commission had to hold repeated dialogue with the Ministry of Home Affairs regarding the availability and deployment of Central Security Forces and rotating them within the sub-continent. It had to hold extensive discussions with the apex level officials of law and order authorities of the States, particularly those States where the electoral process was apprehended to be affected by violence on the ground. It had to hold detailed discussions with officials of the IMD and other concerned organisations regarding flood situation in certain parts of the country. Discussions were needed with officials of the Department of Personnel in order to mobilize and deploy more than 2000 Central Observers for these elections. The availability of teaching staff at the school level, who form the bulk of polling staff in elections in all the States and Union Territories in the country, and also of the school buildings for use as polling stations, had to be ensured. 7.

Keeping all these in view and also keeping in view the arguments and

counter arguments, both legal and factual, advanced by the major political parties in the country, the Commission decided that general elections should be held in September-October, only after the completion of the process of revision of electoral rolls in the country, and accordingly it announced its decision in this regard on 4th May, 1999, to set at rest all speculation and confusion on this score. The Commission clarified at the time of the announcement that the detailed election schedule would be announced at a later date, and that the Model Code of Conduct would come into force only when the detailed schedule was announced.

57

gg

MAJOR EVENTS & NEW INITIATIVES

8.

The Commission also held detailed discussions with the Prime Minister,

who was assisted by the Home Minister, External Affairs Minister and the National Security Adviser to the Government of India, on 2nd July, 1999 to get the perceptions of the Government of India in the matter. 9.

The Commission then held a second round of meeting with the National

Political parties on 3rd July, 1999, for their perceptions and pre-election discussions. 10.

To assess the impacts of the then prevailing law and order situation in

Jammu and Kashmir, on the conduct of elections there, the Commission held a separate meeting with the Chief Secretary, Home Secretary, Director General of Police and the Chief Electoral Officer of J&K and senior officers of Union Home Ministry on 5th July, 1999. 11.

In the wake of Kargil situation in the country, there was shortage of police

forces for the conduct of elections. The Commission held a meeting on 26th July, 1999, with the officers of the Ministry of Defence and Director General, NCC to explore the possibility of .deployment of NCC cadets for election related arrangements. It was decided that the deployment of NCC (senior) Cadets might be done at the polling stations, along with other security personnel. Detailed guidelines for deployment of NCC (senior) Cadets were then prepared in consultation with the Ministry of Defence. It was also decided not to deploy NCC (Girl) Cadets. 12.

The tejerhs of the Legislative Assemblies of Karnataka, Sikkim and Andhra

Pradesh were due to expire within the next six months, and general elections were thus due there also before those dates, as shown under :State x

Term of existing Legislative Assembly up to

Karnataka

25.12.1999

Sikkim

28.12.1999

Andhra Pradesh

10.01.2000

-

GENERAL ELECTION TO LOK SABHA, 1999

13.

The State Governments of Maharashtra and Arunachal Pradesh desired that

the elections to their State Legislative Assemblies might also be held simultaneously with the Lok Sabha Elections. Therefore, the Legislative Assemblies in the States of Maharashtra and Arunachal Pradesh were prematurely dissolved by the Governors of the States on 15th July, 1999 and 27th July, 1999 respectively, paving the way for holding of general elections to constitute new State Legislative Assemblies there. 14.

The Commission, after taking into account all relevant factors, decided to

hold simultaneous elections to Lok Sabha and the State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Karnataka, Maharashtra and Sikkim. The Commission also decided to hold, simultaneously, bye-elections to fill 17 casual vacancies, then existing in various other State Legislative Assemblies. 15.

In hind sight, it may be appropriate to comment that the Commission's

decision to hold the elections in September-October proved to be correct, as the full implications of the Kargil conflict came to light a little after its announcement in this regard on 4th May, 1999. In the Commission's view, holding of general elections in the country, when a warlike situation was being faced and addressed by the country, would not have been a welcome event, particularly, when the alternative of holding the elections at a later date was available. As it happened, the detailed schedule for the general elections, together with imposition of the Model Code of Conduct in the entire country was announced by the Commission on the 11 th July, 1999 which turned out to be the same date on which our neighbouring country conveyed its decision to withdraw its troops from the Kargil area. 16.

Though the month of September-October are relatively free from the fury

of monsoon in the country as a whole, but in certain pockets the effect of the rains, in so far as they disrupt means of communication and the orderly life, is very much there during that period. Also, the movement of security forces from one part of the country to another during this period is more difficult than during the dry season. Keeping all this in view, the Commission ordered five-phase poll in the country, pushing the Eastern and the North-Eastern parts of the country towards the last phase. To an extent, this exercise succeeded and the poll in only

59

MAJOR EVENTS & NEW INITIATIVES

four constituencies in Bihar and in a few areas of Madhya Pradesh involving three constituencies had to be postponed due to the flood situation prevailing in those constituencies. In the State of West Bengal, which went for a one-day poll, extraordinary measures had to be employed in several constituencies due to flooding of some areas in that State.

Election Programme 17.

In fixing the schedule for these elections, the Commission kept the

following considerations in view : (a)

The poll be taken in five phases, due to the reasons explained in the preceding paragraph.

(b)

As desired by the Union Home Ministry, a minimum of 5 to 6 days' interval be provided between each phase of polling, to enable the police forces to move from one State to another or from one part of the State to another and to take their new positions.

(c)

The campaign period in all States and Union Territories should, as far as practicable, be kept at the minimum. Therefore, five multiple schedules for poll for Lok Sabha elections were fixed, and the President and the Commission issued seven sets of notifications on various dates, for holding the elections according to those five schedules.

(d)

For the States / Union Territories of Arunachal Pradesh, Assam, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, Punjab, Sikkim, Tripura, West Bengal, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Delhi, Lakshadweep, and Pondicherry, it was decided to have a one-day poll.

(e)

For the States of Karnataka, Maharashtra, Manipur, Orissa, Rajasthan and Tamil Nadu, it was decided to have a two-day poll.

(f)

For the States of Andhra Pradesh, Bihar, Jammu and Kashmir, Madhya Pradesh and Uttar Pradesh, it was decided to have a three-day poll.

GENERAL ELECTION TO LOK SABHA, 1999

61

GENERAL ELECTIONS 1999 Summary of Schedules Schedule Numbers & Dates

si. Poll No. Event 1.

Announcement and

1

2

2A

3

4

5

5A

11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99

Issue of Press Note 2.

Issue of notification

11.08.99 17.08.99 12.08.99 21.08.99 30.08.99 07.09.99 03.09.99

3.

Last date for filing

18.08.99 24.08.99 19.08.99 28.08.99 06.09.99 14.09.99 10.09.99

nominations 4.

Scrutiny

19.08.99 25.08.99 20.08.99 30.08.99 07.09.99 15.09.99 15.09.99

of nominations 5.

Last date for

21.08.99 27.08.99 23.08.99 01.09.99 09.09.99 17.09.99 17.09.99

withdrawal of candidatures 6.

Date of poll

04.09.99 11,09.99 11.09.99 17.09.99 24.09.99 01.10.99 01.10.99

7.

Counting of votes on 05.10.99 05.10.99 05.10.99 05.10.99 05.10.99 05.10.99 05.10.99

8.

Date before which

20.10.99 20.10.99 20.10.99 20.10.99 20.10.99 20.10.99 20.10.99

the election shalf be completed Number of

16

7

2

5

8

146

103

21

79

72

9

1

States polling on this day Constituencies polling on this day Note : i)

Schedule 2A was only for Kerala;

ii) Schedule 5A was only for second .phase of Orissa.

111 •

11

MAJOR EVENTS & NEW INITIATIVES

18.

Subsequent to the announcement of Election Schedule, the Commission

received a large number of representations indicating certain difficulties on account of major local festivals, religious ceremonies and prayer timing on the poll days, and the days immediately preceding the same. Some State Governments also brought to the notice of the Commission difficulties in some areas on account of preoccupation of the security forces with management of law and order during these occasions. 19.

After taking into account all relevant factors, the Commission decided to

make the minimum necessary changes. Except for changes in some of dates of poll, the date of counting and the date before which the elections were to be completed, all other components in the different schedules, as earlier announced, remained unchanged. In short, following changes were made : (a)

Constituencies, earlier scheduled to vote on 4th September, 1999, voted on 5th September, 1999, except for Lakshadweep where poll was taken on the last Poll Day, i.e., the 3rd October, 1999.

(b)

There was no change in the Poll date for constituencies, which were scheduled for poll on 11* September 1999, except for Pondicherry, where poll was taken on the 1st Poll Day, i.e., 5th September, 1999.

(c)

The constituencies, earlier scheduled to vote on 17th September, 1999, voted on 18th September, 1999.

(d)

The constituencies, earlier scheduled to vote on 24th September, 1999, voted on 25th September, 1999.

(e)

The constituencies, earlier scheduled to vote on 1st October, 1999, voted on 3rd October, 1999, except the two constituencies in Meghalaya where poll was taken on 25th September, 1999.

GENERAL ELECTION TO I.OK SABHA, 1999

63

Accordingly, the revised Schedule of Election was as follows :-

GENERAL ELECTIONS 1999 Summary of Schedules SI.

Schedule Numbers & Dates

Poll

No. Event

1

2

2A

3

4

5

5A

1.

Announcement and Issue of Press Note

11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99

2.

Issue of notification

11.08.99 17.08.99 12.08.99 21.08.99 30.08.99 07.09.99 03.09.99

3.

Last date for filing nominations

18.08.99 24.08.99 19.08.99 28.08.99 06.09.99 14.09.99 10.09.99

4.

Scrutiny of nominations

19.08.99 25.08.99 20.08.99 30.08.99 07.09.99 15.09.99 15.09.99

5.

Last date for withdrawal of candidatures

21.08.99 27.08.99 23.08.99 01.09.99 09.09.99 17.09.99 17.09.99

6.

Date of poll

05.09.99 11.09.99 11.09.99 18.09.99 25.09.99 03.10.99 03.10.99

7.

Counting of votes on 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99

8.

Date before which the election shall be completed Number of States polling on this day Constituencies polling on this day

10.10.99 10.10.99 10.10.99 10.10.99 10.10.99 10.10.99 10.10.99

16

7

1

5

9

9

1

146

103

20

79

74

110

11

MAJOR EVENTS & NEW INITIATIVES

64

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with One Poll Day Code

States and Union Territories

Schedule No.

Date of Poll

No. of Constituencies*

S02

Arunachal Pradesh

5

3-Oct-99

2

S03

Assam

5

3-Oct-99

14

S05

Goa

1

5-Sep-99

2

S06

Gujarat

1

5-Sep-99

26

S07

Haryana

1

5-Sep-99

10

S08

Himachal Pradesh

4

25-Sep-99

4

Sll

Kerala

2A

ll-Sep-99

20

S15

Meghalaya

4

25-Sep-99

2

S16

Mizoram

4

25-Sep-99

1

S17

Nagaland

4

25-Sep-99

1

S19

Punjab

1

5-Sep-99

13

S21

Sikkim

5

3-Oct-99

1

S23

Tripura

5

3-Oct-99

2

S25

West Bengal

5

3-Oct-99

42

U01

Andaman & Nicobar Islands

1

5-Sep-99

1

U02

Chandigarh

1

5-Sep-99

1

U03

Dadra & Nagar Haveli

1

5-Sep-99

1

U04

Daman & Diu

1

5-Sep-99

1

U05

National Capital Territory of Delhi

1

5-Sep-99

7

U06

Lakshadweep

5

3-Oct-99

1

U07

Pondicherry

1

5-Sep-99

1

Total Constituencies * All Constituencies

153

GENERAL ELECTION TO LOK SABHA, 1999

65 rd

Revised Schedule - 3 August, 1999 General Elections - 1999

List of Constituencies in States with Two Poll Days KARNATAKA

S10 Schedule No. 1

Schedule No. 2

Poll Day 05-Sep-99

Poll Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

1.

Bidar

14.

Mandya

2.

Gulbarga

15.

Chamarajanagar

3.

Raichur

16.

Mysore

4.

Koppal

17.

Mangalore

5.

Bellary

18.

Udupi

6.

Davangere

19.

Hassan

7.

Chitradurga

20.

Chikmagalur

8.

Tumkur

21.

Shimoga

9.

Chikballapur

22.

Kanara

10.

Kolar

23.

Dharwad South

11.

Kanakapura

24.

Dharwad North

12.

Bangalore North

25.

Belgaum

13.

Bangalore South

26.

Chikkodi

27.

Bagalkot

28.

Bijapur

MAJOR EVENTS & NEW INITIATIVES

66

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with Two Poll Days MAHARASHTRA

S13 Schedule No. 1

Schedule No. 2

Poll Day 05-Sep-99

Poll Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

14.

Dhule

1.

Rajapur

15.

Nandurbar

2.

Ratnagiri

16.

Erandol

3.

Kulaba

17.

Jalgaon

4.

Mumbai South

18.

Buldhana

5.

Mumbai South Central

19.

Akola

6.

Mumbai North Central

20.

Washim

7.

Mumbai North East

21.

Amravati

8.

Mumbai North West

22.

Ramtek

9.

Mumbai North

23.

Nagpur

10.

Thane

24.

Bandara

11.

Dahanu

25.

Chimur

12.

Nashik

26.

Chandrapur

13.

Malegaon

27.

Wardha

32.

Jalna

28.

Yavatmal

33.

Aurangabad

29.

Hingoli

39.

Ahmednagar

30.

Nanded

40.

Kopargaon

31.

Parbhani

41.

Khed

34.

Beed

42.

Pune

35.

Latur

43.

Baramati

36.

Osmanabad

44,

Satara

37.

Solapur

45.

Karad

38.

Pandharpur

47.

Ichalkarnji

46.

Sangli

48.

Kolhapur

GENERAL ELECTION TO LOK SABHA, 1999

67

Revised Schedule - 3rd August, 1999 General Elections - 1999 List of Constituencies in States with Two Poll Days S14

MANIPUR

Schedule No. 4

Schedule No. 5

Poll Day 25-Sep-99

Poll Day 03-Oct-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

1.

Inner Manipur

2.

Outer Manipur

S18

ORISSA

Schedule No. 4

Schedule No. 5A

Poll Day 25-Sep-99

Poll Day 03-Oct-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

12.

Koraput

1.

Mayurbhanj

13.

Nowrangpur

2.

Balasore

14.

Kalahandi

3.

Bhadrak

15.

Phulbani

4.

Jaipur

16.

Bolangir

5.

Kendrapara

17.

Sambalpur

6.

Cuttack

18.

Deogarh

7.

Jagatsinghpur

19.

Dhenkanal

8.

Puri

20.

Sundargarh

9.

Bhubaneswar

21.

Keonjhar

10.

Aska

11.

Berhampur

MAJOR EVENTS & NEW INITIATIVES

68

Revised Schedule - 3rd August, 1999 General Elections - 1999 List of Constituencies in States with Two Poll Days

RAJASTHAN

S20 Schedule No. 1

Schedule No. 2

Poll Day 05-Sep-99

PoU Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

1

Ganganagar

6.

Jaipur

2.

Bikaner

7

Dausa

3.

Churu

8.

Alwar

4.

Jhunjhunu

9.

Bharatpur

5.

Sikar

10.

Bayana

21.

Pali

11.

Sawai Madhopur

22.

Jalore

12.

Ajmer

23.

Barmer

13.

Tonk

24.

Jodhpur

14.

Kota

25.

Nagaur

15.

Jhalawar

16.

Banswara

17.

Salumber

18.

Udaipur

19.

Chittorgarh

20.

Bhilwara

GENERAL ELECTION TO LOK SABHA, 1999

69

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with Two Poll Days TAMIL NADU

S22 Schedule No. 1

schedule No. 2

Poll Day 05-Sep-99

Poll Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

10.

Tindivanam

1.

Madras North

11.

Cuddalore

2.

Madras Central

12.

Chidambaram

3.

Madras South

15.

Rasipuram

4.

Sriperumbudur

24.

Madurai

5.

Chengalpattu

26.

Karur

6.

Arakkonam

27.

Tiruchirappalli

7.

Vellore

28.

Perambalur

8.

Tiruppattur

29.

Mayiladuturai

9.

Vandavasi

30.

Nagapattinam

13.

Dharmapuri

31.

Thanjavur

14.

Krishnagiri

32.

Pudukkottai

16.

Salem

33.

Sivaganga

17.

Tiruchengode

34.

Ramanathapuram

18.

Nilgiris

35.

Sivakasi

19.

Gobichettipalayam

36.

Tirunelveli

20.

Coimbatore

37.

Tenkasi

21.

Polachi

38.

Tiruchendur

22.

Palani

39.

Nagercoil

23.

Dindigul

25.

Periyakulam

MAJOR EVENTS & NEW INITIATIVES

70

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with Three Poll Days ANDHRA PRADESH

SOI Schedule No. 1

Schedule No. 3

Schedule No. 2

Poll Day 05-Sep-99

Polly Day ll-Sep-99

Poll Day 18-Sep-99

CONSTITUENCIES

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

No.

Name

17.

Narasaraopet

1.

Srikakulam

5.

Bhadrachalam

18.

Ongole

2.

Parvathipuram

13.

Vijayawada

19.

Nellore

3.

Bobbili

15.

Guntur

20.

Tirupathi

4.

Visakhapatnam

32.

Siddipet

21.

Chittoor

6.

Anakapalli

33.

Medak

22.

Rajampet

7.

Kakinada

34.

Nizamabad

23.

Cuddapah

8.

Rajahmundry

35.

Adilabad

24.

Hindupur

9.

Amalapuram

36.

Peddapalli

25.

Anantapur

10.

Narasapur

37.

Karimnagar

26.

Kurnool

11.

Eluru

38.

Hanamkonda

27.

Nandyal

12.

Machilipatnam

39.

Warangal

28.

Nagarkurnpol

14.

Tenali

40.

Khammam

29.

Mehboobnagar

16.

Bapatla

41.

Nalgonda

30.

Hyderabad

42.

Miryaiguda

31.

Secunderabad

<

GENERAL ELKCTION TO LOK SABHA, 1999

71

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with Three Poll Days BIHAR

S04

Schedule No. 5

Schedule No. 4

Schedule No. 3 Poll Day 18-Sep-99

Polly Day 25-Sep-99

Poll Day 03-Oct-99

CONSTITUENCIES

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

No.

Name

27.

Dumka

1.

Bagaha

11.

Sitamarhi

28.

Godda

2.

Bettiah

12.

Sheonar

38.

Sasaram

3.

Motihari

13.

Madhubani

39.

Bikramganj

4.

Gopalganj

14.

Jhaninarpur

40.

Aurangabad

5.

Siwan

16.

Rosera

41.

Jahanabad

6.

Maharajganj

17.

Samastipur

42.

Nawada

7.

Chapra

20.

Saharsa

43.

Gaya

8.

Hajipur

21.

Madhepura

44.

Chatra

9.

Vaishali

22.

Arana

45.

Kodarma

10.

Muzaffarpur

23.

Kishanganj

46.

Giridih

15.

Darbhanga

24.

Purnea

47.

Dhanbad

18.

Barh

25.

Katihar

48.

Hazaribagh

19.

Balia

26.

Rajmahal

49.

Ranchi

32.

Monghyr

29.

Banka

50.

Jamshedpur

33.

Begusarai

30.

Bhagalpur

51.

Singhbhum

34.

Nalanda

31.

Khagana

52.

Khunti

35.

Patna

53.

Lohardaga

36.

Arrah

54.

Palamau

37.

Buxar

GENERAL ELECTION TO LOK SABHA, 1999

73

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with Three Poll Days UTTAR PRADESH

S24 Schedule No. 3 Poll Day 18-Sep-99 CONSTITUENCIES No. Name 22. Unnao 24. Pratapgarh 51. Chandauli 52. Varanasi Robertsganj 53. Mirzapur 54. 55. Phulpur 56. Allahabad 57. Chail 58. Fetehpur 59. Banda Hamirpur 60. 61. Jhansi 62. Jalaun 63. Ghatampur 64. Bilhaur 65. Kanpur Etawah 66. 67. Kannauj 68. Farrukhabad 69. Mainpuri 70. Jalesar 71. Etah 72. Firozabad Agra 73. 74. Mathura 75. Hathras 76. Aligarh Khurja 77. 78. Bulandshahr

Schedule No. 4

Schedule No. 5

Poll Day 25-Sep-99 CONSTITUENCIES No. Name Tehri Garhwal 1. 2. Garhwal Almora 3. Nainital 4. Bijnor 5. Amroha 6. 7. Moradabad Rampur 8. 9. Sambhal 10. Budaun Aonta 11. 12. Bareilly Pilibhit 13. Shahjahanpur 14. 15. Kheri 16. Shahabad 19. Hardoi 79. Hapur 80. Meerut Baghpat 81. 82. Muzaffarnagar 83. Kairana 84. Saharanpur Hardwar 85.

Poll Day 3-Oct-99 CONSTITUENCIES No. Name Sitapur 17. Misrikh 18. 20. Lucknow Mohanlalganj 21. 23. Rae Bareli Amethi 25. 26. Sultanpur 27. Akbarpur 28. Faizabad 29. Bara Banki 30. Kaiserganj Bahraich 31. 32. Balrampur 33. Gonda 34. Basti 35. Domriaganj 36. Khalilabad 37. Bansgaon 38. Gorakhpur 39. Maharajganj 40. Padrauna Deoria 41. 42. Salempur 43. Ballia 44. Ghosi 45. Azamgarh 46. Lalganj 47. Machhlishahr 48. Jaunpur 49. Saidpur 50.

Ghazipur

74

'

MAJOR EVENTS & NEW INITIATIVES

Hours of Poll 20.

The Commission fixed hours of poll from 7.00 a.m. to 5.00 p.m. in all

States and Union Territories, except Assam, Arunachal Pradesh, Manipur, Meghalaya, Tripura, Nagaland, and Sikkim, where the hours of poll were fixed from 7.00 a.m. to 4.00 p.m. Minor Changes in Schedule 21.

Some minor changes were made subsequently in the above programme of

election for Lok Sabha, as follows : i)

Poll in 3 - Anantnag parliamentary constituency of Jammu and Kashmir was adjourned by the Returning Officer due to the death of Shri Gulam Hyder, a contesting candidate sponsored by the Bharatiya Janata Party. The poll was rescheduled and was held on 4th October, 1999.

ii)

Poll in 17 - Narasaraopet parliamentary constituency in Andhra Pradesh was postponed on the report of the Secretary to the Commission, who made an inquiry into the incident of a bomb blast at the residential premises of one of the candidates, and was held on 3rd October, 1999.

iii)

Poll in 4 - Dhubri parliamentary constituency in the State of Assam was adjourned following the death of Dr. Panna Lai Oswal, a candidate sponsored by the Bharatiya Janata Party. This poll was later held on 28th October, 1999.

iv)

Poll in 29 - Hoshangabad and 31 - Vidisha parliamentary constituencies in Madhya Pradesh which was scheduled to be held on 18th September, 1999, was postponed to 28th September, 1999, on account of heavy rains. As the situation did not improve, the poll was further postponed in these constituencies and was held on 3rd October, 1999.

v)

Poll in 2 - Outer Manipur parliamentary constituency was postponed from 3td October, 1999 to 4th October, 1999, for the convenience of voters.

vi)

Poll in 24 - Purnia, 26 - Rajmahal (ST), 30 - Bhagalpur and 31 - Khagaria parliamentary constituencies in Bihar was postponed from 3rd October, 1999 to 28th October, 1999, due to floods.

75

GENERAL ELECTION TO LOK SABHA, 1999

vii)

Poll in 143 - Kadwa and 146 - Manihari Assembly segments of 25 - Katihar parliamentary constituency in Bihar was also postponed from 3fd October, 1999 to 5th October, 1999, due to floods.

viii)

Hours of poll were changed from 7.00 a.m. to 4.00 p.m. to 7.00 a.m. to 6.00 p.m. in Mizoram parliamentary constituency to enable the adventists group to cast votes on poll day, which was Saturday, a religious day for that group.

After incorporating the above changes, the final poll schedule was as under : Final

GENERAL ELECTIONS 1999 Summary of Schedules SI.

Poll Schedule Numbers & Dates

Event

No.

2

1

2A

3

4

5

5A

1.

Announcement and Issue of Press Note

11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99

2.

Issue of Notification

11.08.99 17.08.99 12.08.99 21.08.99 30.08.99 07.09.99 03.09.99

3.

Last date for filing nominations

18.08.99 24.08.99 19.08.99 28.08.99 06.09.99 14.09.99 10.09.99

4.

Scrutiny of nominations

19.08.99 25.08.99 20.08.99 30.08.99 07.09.99 15.09.99 15.09.99

5.

Last date for withdrawal of candidatures

21.08.99 27.08.99 23.08.99 01.09.99 09.09.99 17.09.99 17.09.99

6.

Date of poll

05.09.99 11.09.99 11.09.99 18.09.99 25.09.99 03.10.99 03.10.99

7.

Counting of votes on 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99

8.

Date before which the Election shall be completed Number of States polling on this day Constituencies polling on this day

10.10.99 10.10.99 10.10.99 10.10.99 10.10.99 10.10.99 10.10.99

16

7

1

5

9

9

1

145

103

20

76

74

107

11

MAJOR EVENTS & NEW INITIATIVES

Note :i) ii)

Schedule 2A was only for Kerala. Schedule 5A was only for second phase of Orissa.

iii) The poll in 17 - Narasaraopet Constituency of Andhra Pradesh was postponed from 5th September, 1999 to 3rd October, 1999 due to poll violence. iv) The poll in 3 - Anantnag constituency of Jammu & Kashmir adjourned due to the death of Bharatiya Janata Party candidate. The adjourned poll fixed on 4th October, 1999. v)

The poll in 29 - Hoshangabad and 31 - Vidisha parliamentary constituencies of Madhya Pradesh changed from 18th September, 1999 to 28th September, 1999 due to floods.

vi) The poll in 29 - Hoshangabad and 31 - Vidisha parliamentary constituencies in Madhya Pradesh further changed from 28th September, 1999 to 3rd October, 1999. vii) Poll in 2 - Outer Manipur (ST) parliamentary constituency changed from 3rd October, 1999 to 4th October, 1999. viii) Poll in 24 - Purnia, 26 - Rajmahal (ST), 30 - Bhagalpur and 31 Khagaria parliamentary constituencies in Bihar postponed to 28th October, 1999 due to floods. The date of completion fixed as 5th November, 1999. ix)

Poll in 143 - Kadwa and 146 - Manihari assembly segments of 25 Katihar parliamentary constituency postponed from 3rd October, 1999 to 5th October, 1999 due to floods.

x)

Adjourned poll from 4 - Dhubri parliamentary constituency of Assam fixed for 28th October, 1999.

xi)

Date of completion of poll in 2 - Outer Manipur (ST) parliamentary constituency extended from 10th October, 1999 to 5th November, 1999.

a)

Adjourned poll in 3 - Anantnag Parliamentary Constituency held on 4th October, 1999.

b)

Poll in four parliamentary constituencies of Bihar, adjourned poll in 4 - Dhubri Parliamentary Constituency of Assam and repoll in 2 - Outer Manipur parliamentary constituency held on 28th October, 1999.

77

GENERAL ELECTION TO LOK SABHA, 1999

Election Material 22.1

As soon as the elections became imminent, necessary steps for procuring

the election materials, like ballot boxes, green paper seals, arrow cross mark rubber stamps, indelible ink, symbol blocks, printing of ballot papers, etc, were initiated and all arrangements were made smoothly and efficiently. 22.2

Encouraged by the success of the Electronic Voting Machines (EVMs) used

at the elections to the Legislative Assemblies of Madhya Pradesh, Rajasthan and Delhi in November 1998 and again at the State-wide use in Goa in June 1999 and the favourable response of voters, candidates, and political parties to the use of these machines, the Commission decided to use EVMs in 45 parliamentary constituencies spread over 17 States and Union Territories and covering about 60 million electors. Since the Commission decided to hold simultaneous elections to the State Legislative Assemblies of Andhra Pradesh, Karnataka and Maharashtra and to cover all the seven Parliamentary Constituencies of Delhi by the use of EVMs, it became necessary to shift some additional EVMs from a few States as under : From

To

No. of EVMs shifted

Make

Bihar

Delhi

10,500

BEL

Bihar

Punjab

2,500

BEL

Bihar

Haryana

1,000

BEL

Bihar

Chandigarh

500

BEL

Madhya Pradesh

Maharashtra

4,300

ECIL

Uttar Pradesh

Karnataka

4,000

BEL

West Bengal

Andhra Pradesh

4,000

ECIL

Uttar Pradesh

Delhi

2,500

BEL

19.3

With the introduction of EVMs at such a large scale, the Commission asked

the Chief Electoral Officers not to go for purchase of new ballot boxes. It was decided to shift the ballot boxes becoming surplus as a result of use of EVMs in

MAJOR EVENTS & NEW INITIATIVP'S

78

some States to other States, wherever required. Accordingly, ballot boxes were also shifted to a few States as under : From

To

No. of ballot boxes

Delhi

Maharashtra

30,000

Delhi

Jammu and Kashmir

3,000

Meghalaya

Nagaland

125

Printing of Ballot Papers 22.4

During the general election to Lok Sabha held in 1998, the ballot papers

for the State of Bihar were printed in Delhi. The Directorate of Printing, Ministry of Urban Development, Government of India had arranged the printing of ballot papers at Government Press at Minto Road in Delhi and at other private presses. The ballot papers were lifted by air by the Ministry of Defence from Delhi to Bihar. 22.5

As the above arrangements were costly, the Chief Electoral Officer, Bihar

proposed that the ballot papers for general election to Lok Sabha in 1999, may be printed in the West Bengal Government owned Saraswati Security Press. This arrangement was cheap and was approved. 22.6

The poll in West Bengal was fixed for 3rd October, 1999 and the counting

of votes was to be taken up on 6th October 1999. The Chief Electoral Officer, West Bengal requested the Commission for permission to print 15,000 extra ballot papers per parliamentary constituency to cover re-poll cases. As per existing instructions, the maximum number of surplus ballot papers for a parliamentary constituency to cover repoll cases, etc, is 5,000. The Commission considered the matter and decided not to make any deviation in the existing instructions regarding printing of surplus ballot papers. Green Paper Seals 22.7

The Green Paper Seals, which are got specially printed by the Commission

at Nasik Security Press, are used for sealing and securing the ballot boxes at polling stations before the polling commences. To open the box, this seal has to be torn.

GENERAL ELECTION TO LOK SABHA, 1999

'

If there is a damaged or torn paper seal, it is an indication that after the polling and before the counting, the box may have been opened unauthorizedly. The Commission received requests that Green Paper Seals may be permitted in State Panchayat Elections also. The Commission decided that the Green Paper Seals designed specially for elections to Parliament and State Assemblies would not be allowed to be used by the State Election Commissions in the present form. The Commission asked the Nasik Security Press to evolve a new design of Paper Seals to be used by State Election Commissions. The Commission then approved the new design of paper seals in Green colour for use in Parliamentary and State Assembly Elections and paper seals in Blue colour for use in Local Bodies elections. Model Code of Conduct 23.1

The provisions of Model Code of Conduct for Political Parties and

Candidates were enforced from the date of announcement of election programme. All standing instructions of the Commission regarding payment out of discretionary funds on the eve of elections, ban on transfer, etc. were also strictly followed. 23.2

The Commission issued clarification that if a Union Minister was travelling

out of Delhi on purely official business, which could not be avoided in public interest, then a letter certifying to this effect should be sent from the concerned Secretary of the Department to the Chief Secretary, with a copy to the CEO. The Commission also expressed hope that the Union Ministers would avoid making official visits to their home States and particularly the constituencies from where they were contesting elections. 23.3

The Commission received a number of complaints, from recognised political

parties, making allegations about the tenor and tone of the campaign speeches by their opponents. Objections were raised about undesirable comments on individual leaders, remarks about women in political fray, etc., in these speeches. The Commission invited the attention of all political parties to para 1 (2) of the Model Code and appealed to them to maintain the high traditions of India's ancient culture and to see that the debate was focussed on issues of interest to the people and their future.

79

MAJOR EVENTS & NEW INITIATIVES

23.4

The Commission reiterated that all instructions issued earlier were to be

treated as Standing Instructions of the Commission and the same would apply mutatis mutandis to the current and all future elections, unless specifically modified or superseded. Paid Holiday 24.

A new section 135 - B has been inserted in the Representation of the People

Act, 1951, in 1996, providing for a paid holiday, on the polling day, to every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at the election to the House of the People or the State Legislative Assembly of a State. If any employer contravenes these provisions, he shall be punishable with fine, which may extend to five hundred rupees. These provisions, however, do not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged. The Commission issued clarification that (a)

the electors who are working outside the constituency shall also be entitled to the benefit of paid holiday;

(b)

in case of Industrial undertakings / establishments working on shift basis, a holiday may be declared only for the shift during which a poll is to be taken, but at the same time ensuring that there should be sufficient time gap between the close of poll and commencement of the shift duties;

(c)

the daily wage / casual workers are also entitled for a holdiay and wages on poll day.

Prohibition of Liquor 25.

A new section 135C has been inserted in the Representation of the People

Act, 1951, in 1996. "135C, Liquor not to be sold, given or distributed on polling day. - (1) No spirituous, fermented or intoxicating liquors or other substances or a like nature shall be sold, given or distributed at a hotel, catering house, tavern, shop or any other place, public or pirvate, within polling area during the period or forty eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area".

GENERAL ELECTION TO LOK SABHA, 1999

25.1

A number of representations were received that the dry days being declared

earlier under the directions of the Commission far exceed the number of dry days provided in the Act. The Commission considered the matter and recommended to the State Governments that, apart from dry days prescribed under the law, only the days on which counting of votes is taken up, shall be declared dry days under the relevant State laws in the States. Security Arrangements 26.1

The Commission issued detailed instructions to the State Governments /

Chief Electoral Officers for sending daily reports on law and order situation starting from 26th July, 1999, till the completion of election process in the States. The reports were to include, inter-alia, the information related to unlicensed arms/ explosives seized, persons killed or injured in police action, polling persons killed/ injured, and details of important incidents, etc. 26.2

The Commission also requested the Ministry of Home Affairs to send a

daily consolidated report on law and order situation in the country. The Commission monitored these reports on day to day basis. 27.1

The Commission received complaints that the Central Para Military Forces

were often kept on reserve duty and not effectively deployed in some areas in the country. Instructions were issued for effective deployment of Central Para Military Forces and also of the local police so that the voters are able to cast their votes in an atmosphere devoid of any fear. The State Governments were asked to ensure that : (1)

The Chief Electoral Officer of the State shall be actively associated in drawing up the State deployment plan. His recommendations on what quantum of forces should be deployed in which constituency shall merit serious consideration in drawing up the plan.

(2)

Similarly, the district deployment plan shall be formulated and finalised under the Chairmanship of the District Magistrate / District Election Officer. The district deployment plan shall ensure that all polling stations are covered with adequate static duty backed with necessary mobile support.

MAJOR EVENTS & NEW INITIATIVES

(3)

Both the State deployment plan and the district deployment plan shall be finalised well before the day of poll. It would be helpful if it is finalised within two to three days of the start of the campaign period.

(4)

In case of States going to polls in a phased manner, having multiple notifications, the stipulation as at (3) above shall construe to mean first two to three days of the campaign period covered under the first notification.

(5)

The Central Para Military Forces coming into the State are to be deployed for active duty in elections. They should not be kept in reserve duty. If for unavoidable reasons, a portion of the Central Para Military Forces is placed on reserve duty, then the Chief Electoral Officer of the State should be first consulted in this regard.

(6)

The deployment plan must spell out when and where the Central Para Military Forces are reaching the State.

27.2

The Commission allowed the deployment of Home Guards for the conduct

of elections. This was subject to the conditions that the Home Guards had been recruited before 31 st March, 1999 after following the normal recruitment procedures. The Commission also allowed the deployment of Forest Guards on the same conditions provided they were not working in National Sanctuaries, Wild Life and National Game Parks. 27.3

Further, the Commission allowed the deployment of ex-servicemen, retired

policemen, including retired members of the Central Para Military Forces, subject to the condition that the services of only those persons should be utilized who had retired in the last five years. It was further stipulated that the persons so deployed should be able bodied and shall not be deployed in their native Tehsils / Blocks / Talukas. 27.4

The Commission also allowed the deployment of NCC (Senior Division)

Boy Cadets who have completed 18 years of age, on voluntary basis, with parental consent. These cadets were to be deployed without arms.

GENERAL ELECTION TO LOK SABHA, 1999

Law and Order 28.

The law and order situation was by and large peaceful except for minor

incidents. In one case in 17 - Nasaraopat parliamentary constituency of Andhra Pradesh, there was a incident of bomb blast in the residential premises of one of the candidates for the Assembly election. One person, an independent candidate died immediately, three other persons died subsequently. The poll in the constituency was postponed from 5th September, 1999 to 3rd October, 1999. The rescheduled poll was completed peacefully. The re-poll in a few polling stations in 2 - Outer Manipur parliamentary constituency was also held on 3rd October, 1999 and completed peacefully. Special Arrangements for Postal Ballot Papers for Kashmiri Migrants 29.1

As in the earlier Lok Sabha elections held in 1996 and 1998, the President

promulgated an Ordinance to allow the Kashmiri Migrants residing in Delhi, Jammu and elsewhere, for exercising their franchise through postal ballot papers. The Commission made special arrangements for the purpose. Special Arrangements for Reang Voters of Mizoram 29.2

Special arrangements were also made for Reang Voters registered in Mizoram

but living in camps in Tripura, because of some ethnic problems, by providing special polling stations on the Mizoram - Tripura border, inside Mizoram area. Observers 30.1

The Commission appointed 1086 General Observers to oversee that the

elections were conducted in a free and fair manner. The Commission also appointed 543 Election Expenditure Observers for monitoring and reporting the instances of misuse of money power for manipulating the will of electors. The Commission further appointed 350 additional observers in certain sensitive constituencies. Thus, a total number of 1979 Observers were appointed in connection with General Election to Lok Sabha and Five State Legislative Assemblies. All observers were required to remain present in the counting centres at the time of counting of votes.

83

MAJOR EVENTS & NEW INITIATIVES

84

30.2

The Commission identified one observer in each of the parliamentary

constituency as Delhi - Centric, Observer, i.e., the Officer who was either based in Delhi or would transit through Delhi for return to Headquarters. All these observers were asked to collect Form 20 (Result Sheet), Form 21C (Declaration of Result) and Form 21E (Return of Election) from Returning Officer and personally deliver the same in the Commission's Secretariat by 9th October, 1999 at the latest. 31.

The polling was by and large peaceful. However, the fresh poll / adjourned

poll was held in 2226 polling stations, due to breach of law and order and adverse whether conditions as polling parties could not reach polling stations. The number of polling stations at which such fresh poll / adjourned poll was ordered was as follows : State

Number of Polling Stations

1.

Andhra Pradesh

232

2.

Bihar

1190

3.

Gujarat

4

4.

Haryana

5

5.

Jammu & Kashmir

12

6.

Karnataka

43

7.

Kerala

6

8.

Madhya Pradesh

101

9.

Nagaland

31

10.

Orissa

9

11.

Punjab

1

12.

Rajasthan

43

13.

Tamil Nadu

22

14.

Uttar Pradesh

149

15.

West Bengal

378

Counting of Votes 32.1

As stated earlier, the dates of poll for the General Elections were 5th

September, 11th September, 18th September, 25th September, 28th September and

GENERAL ELECTION TO LOK SABHA, 1999

g5

3rd October, 1999. In order that the results of election in one State do not affect the voters' mind or voting pattern or behaviour, in other States, the Commission as a policy normally takes up the counting of votes when the poll is over in all States. Accordingly, the counting of votes was taken up on 6th October, 1999. As in some cases there was considerable gap between the date of poll and date of counting, the Commission made fool-proof security arrangements for safe custody of polled Ballot Boxes and Electronic Voting Machines in Strong Rooms after the poll date till the counting was taken up. The Chief Electoral Officers were asked to ensure that, wherever available, Central Police Forces be deployed to guard the Strong Rooms. In case, Central Police Forces were not available, state Armed Police was deployed to guard the Strong Rooms. 32.2

The Commission issued detailed instructions regarding counting centres for

counting of votes. The District Election Officers and Observers physically inspected the counting centres. They were asked to make adequate arrangements for fire engines, fire extinguishers, emergency lights, etc., in and around counting centres. 32.3

The counting of votes in 537 Parliamentary Constituencies was taken up th

on 6 October, 1999. All the results were declared by 8th October, 1999. In respect of remaining 6 parliamentary constituencies where the poll / re-poll was held on 28th October, 1999, the counting of votes was taken up on 1st November, 1999. 33.

The number of seats contested and seats won by various parties was as

under:-

Party Bahujan Samaj Party Bharatiya Janata Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal (Secular) Janata Dal (United) Telugu Desam

Number of Contested

Seats Won

225

14

339

182

54

4

72

33

453

114

96

1

60

21

34

29

MAJOR EVENTS & NEW INITIATIVES

86

Party

Number of Contested

Samajwadi Party Shiv Sena Dravida Munnetra Kazhagam All India Anna Dravida Munnetra Kazhagham Biju Janata Dal Nationalist Congress Party All India Trinamool Congress Rashtriya Janata Dal Pattali Makkal Katchi Indian National Lok Dal Jammu & Kashmir National Conference Marumalarchi Dravida Munnetra Kazhagam Revolutionary Socialist Party All India Forward Block

Seats Won

151

26

63

15

19

12

29

10

12

10

132

8

29

8

61

7

8

5

5

5

6

4

5

4

5

3

15

2

12 Muslim League Derala State Committee Shiromani Akali Dal 9 Samajwadi Janata Party Rashtriya 14 Manipur State Congress Party 2 Himachal Vikas Congress r Kerala Congress l l Kerala Congress (M) Sikkim Democratic Front l Rashtriya Lok Dal 15 Akhil Bhartiya Lok Tantrik Congress 4 Communist Party of India (Marxist - Lenninist) 56 (Liberation) Baripa Bahujan Mahasangha 4 Peasants and Workers Party of India 2 All India Majlis-E-Ittehadul Muslimeen 1 M.G.R. Anna D. M. Kazhagam 1 Shiromani Akali Dal (Simranjit Singh Mann) 1 Independent 1945 Total 3943 *

2 2 1 1 1 1 1 1 2 2 1 1 1 1 1 1 6

'

543

GENERAL ELECTION TO LOK SABIIA, 1999

Due Constitution of 13th Lok Sabha 34.

The Commission issued Due Constitution notification under Section 73

of the Representation of the People Act, 1951, notifying the names and party affiliations of the Elected Members to constitute the 13th Lok Sabha, on 10* October, 1999. The first meeting of the 13th Lok Sabha was held on 20th October, 1999. Peculiar Features of General Elections to Lok Sabha, 1999 35.

It was observed that in recent times, the election to the 13th Lok Sabha

was perhaps one of the most contentious elections in the country. Unfortunately, one of the fall-outs of this contentious election was that several times during the run-up period to the elections, political parties, on either side, tended to question the neutrality of the Commission on unverified facts. Though their misgivings were dispelled when the results came out, it is only hoped and expected that this would not become a trend in the style of politics adopted by certain political parties. 36.

During the process of the preparation for elections, it was discovered, at

the initiative of the Commission itself, that in some cases in the State of Bihar, ballot boxes, did not possess unique serial numbers. While the issue was being gone into fully and each and every ballot box in the State of Bihar was being inspected and its serial number verified and where there were any problems in such numbers, the same were being segregated, this was made into a political issue and uncharitable remarks were made regarding the lack of action by the Commission. Curiously, the Head of the State, namely, the Governor of Bihar, too got into the controversy and started taking active interest in an area which is wholly and solely the domain of the Commission. To clear the air, the Commission had to take a public position and explain to all concerned the nature and extent of the problem, the fact that the Commission had itself detected it in the first place, the elaborate steps taken by the Commission to see that the problem did not affect the election process, and the measures taken by the Commission, to allay any lurking doubts in any quarter, by affixing a special metal sticker on each and every ballot box that was to be used in the elections in that State.

g7

gg

•

37.

MAJOR EVENTS & NEW INITIATIVES

Another vexatious issue that was raised on the eve of elections was in regard

to the printing of ballot papers for the State of Bihar in a Government Press in Calcutta. It was alleged that a conspiracy had been hatched between the Governments of West Bengal and Bihar to see that certain ballot papers would be printed in excess of what was indented by the election authorities, so as to vitiate the election process in some key constituencies of Bihar. It was alleged, in writing, to the Commission by one of the major political parties that the information had been furnished to them by the Director, IB. The Commission reacted by sending immediately a team of its officers to that High Security Government Press, where these ballot papers were being printed at Calcutta. The Press is of a caliber that has strong relations with the Government of India's National Security Press at Nasik. The team found nothing untoward had taken place, as had been alleged. The Commission also sent another team to the constituencies mentioned, where the ballot papers received by the local authorities were examined, and it was found that at that end too nothing untoward had happened. 38.

This controversy had hardly died down when the Patna High Court was

moved by a political party on behalf of one of the candidates, seeking repoll in his constituency. Thereupon, the High Court directed the Commission to give the parties a hearing and take into consideration their views on the demand of the candidate. But when the candidate appeared before the Commission on the very next day, he had nothing to say at all in regard to his demand, as he had already won the seat. 39.

In passing, it may be mentioned that Article 329(b) of the Constitution

peremptorily mandates that once the election process is set in motion and is in process, it cannot be interfered with or interdicted by any court of law. Despite this, the Commission had to defend its actions in a large number of cases before various High Courts, where the writ petitions were filed relating to those very aspects of the elections which are fully covered by Article 329 (b) and by a catena of pronouncements of the Supreme Court. In Andhra Pradesh alone, during this period, the Commission had to answer more than 45 cases. Through an ex-parte order, the Kerala High Court directed that the Commission should conduct the counting process without mixing the ballot papers and booth-wise counting should take place, contrary to what the Commission had directed under the relevant rules.

GRNRRAL ELECTION TO ).OK SABHA, 1999

But around the very same time, the Nagpur Bench of the Bombay High Court rejected the petition for booth-wise counting of votes and imposed a fine on the petitioner who had filed the petition seeking booth-wise counting. 40.

These decisions came on the eve of counting for the entire country and

the Commission had to rush to the Supreme Court to get the necessary interlocutory orders, so that the counting could progress unhindered, and the results could be declared in time and the House constituted within six months' time. The Commission would like to state the perhaps an understanding has to reach as to the extent to which writs under Article 226 impinge on Article 329 (b) of the Constitution.

CHAPTER V

STATE ASSEMBLY ELECTIONS

Separately held during 1996 to 2000

Under Article 172 of the Constitution of India, the term of a State Legislative Assembly is five years from the date appointed for its first meeting, unless dissolved earlier. Under section 15 of the Representation of the People Act, 1951, the Election Commission is under a statutory mandate to hold the general election to a State Legislative Assembly any time within a period of six months before the expiration of the term of the House. In case the State is under President's Rule, the views of the Government of India on the question of continuance of President's Rule in the State are obtained before holding the general election to the State Legislative Assembly.

I. GENERAL ELECTIONS TO STATE LEGISLATIVE ASSEMBLIES OF UTTAR PRADESH AND JAMMU & KASHMIR, 1996 1. UTTAR PRADESH LEGISLATIVE ASSEMBLY The Legislative Assembly of the State of Uttar Pradesh was dissolved on th

18 October, 1995 and the State was put under President's Rule. President's Rule was to continue up to 17th October, 1996. The General Election to the State Legislative Assembly could not be held in April-March, 1996, along with the General Election to Lok Sabha, as no decision of the Central Government regarding lifting of President's Rule was conveyed to the Commission.

MAJOR EVENTS & NEW INITIATIVES

2.

It was on, the 8th July, 1996 that the Government of India, Ministry of Home

Affairs informed the Commission that the Government would like to have elections to the State Legislative Assembly of Uttar Pradesh conducted so that an elected Legislature is in place before 17th October, 1996. The Ministry of Home Affairs requested the Commission to take necessary steps for conducting the polls to the Uttar Pradesh Legislative Assembly accordingly. 3.

The Commission decided to hold elections to constitute fresh Legislative

Assembly in the State of Uttar Pradesh in September-October, 1996. 4.

It was decided to have a three phase election for Uttar Pradesh, with a gap

of 3 days in between each polling day. To ensure optimum utilization of the force available in the State, the phasing was so drawn up that the police forces were rotated within a revenue division itself. Due to the complexity of the political process in Uttar Pradesh, and the contentious stand that some political parties were taking inasmuch as there were talks of some political parties setting up their own senas, which plan was later, on good sense prevailing, abandoned, the Commission took positive measures to see that dubious characters, history sheeters, etc., were rounded up and bound down under the provisions or relevant law. Illegal arms and arms factories were seized, and, on polling day, borders with neighbouring States, as well as with Nepal, were sealed to avoid unwelcome intrusion from outside in the constituencies in Uttar Pradesh. 5.

After taking into account all relevant factors, the Commission decided to

recommend to the Governor of Uttar Pradesh to issue notification under section 15 of the Representation of the People Act, 1951, as per the following schedule:(a)

Date of issue of Governor's notification calling the general election

06.09.1996

(b)

Last date for making of nominations

13.09.1996

(c)

Date of scrutiny of nominations

14.09.1996

(d)

Last date for withdrawal of candidatures

16.09.1996

(e)

Date of poll

30.09.1996 03.10.1996 07.10.1996

I

STATE ASSEMBLY ELECTIONS

(f)

(g) 6.

93

Date before which the election shall be completed Hours of poll

14.10.1996 7.00 A.M. to 5.00 P.M.

The process of filing of nomination papers accordingly started on 6th

September, 1996. A total number of 6,138 nominations were filed for 424 (out of 425) Assembly constituencies. 1,251 nominations were rejected and 458 nominations were withdrawn. 4,429 candidates were left in the field. There were 3 minimum contesting candidates in a constituency. The maximum number of candidates in a constituency was 28. After the process of scrutiny and withdrawal was over, it came to light that one candidate for Uttar Pradesh Assembly Election had forgotten the signatures of his proposers in the nomination paper. This information came from a credible source and the Commission ordered rescrutiny of that nomination paper under Article 324 of the Constitution. On rescrutiny, it was observed that forgery has indeed taken place in case of at least one proposer and, therefore, the candidature of that person was rejected. The candidate went to the Allahabad High Court (Lucknow Bench), but the High Court upheld the stand taken by the Commission in ordering rescrutiny. In other case, in the same State, there was an allegation that one of the influential candidates had managed to convince the Returning Officer of the withdrawal of another rival candidate. Here too, after due inquiry, the Commission intervened and ensured that candidate was allowed to contest the election. 7.

Poll in 385-Shikarpur (SC) Assembly constituency was adjourned due to

the death of a candidate set up by a recognised State party on 19th September, 1996. It was subsequently held in 6th February, 1997. 8.

The Commission appointed 145 General Observers and 69 Expenditure-

Observers to oversee the election process and counting of votes and for monitoring the expenditure by the contesting candidates and political parties. 9.

The total electorate in the 424 Assembly constituencies which went to the

polls was 10,09,59,990. 1,22,125 polling stations were set up for casting votes by

MAJOR EVENTS & NEW INITIATIVES

94

them. Number of electors who voted was 5,62,32,609. The poll percentage was 55.70%. 10.

The counting of votes in respect of all the 424 constituencies was

taken up on 8th October, 1996. The number of seats contested and seats won by various parties was as under: Seats contested

won

Percentage of votes polled

37

04

01.33%

414

174

32.52%

Communist Party of India

15

01

00.59%

Communist Party of India (Marxist)

11

04

00.77%

126

33

08.35%

Janata Dal

54

07

02.56%

Janata Party

31

00

00.13%

Samata Party

9

02

00.40%

Bahujan Samaj Party

296

67

19.64%

Samajwadi Party

281

110

21.80%

Bharatiya Kisan Kamgar Party

38

08

01.92%

Samajwadi Janata Party (Rashtriya)

77

01

00.59%

2032

13

06.52%

Party

All India Indira Congress (Tiwari) Bharatiya Janata Party

Indian National Congress

Independents 11.

Seats

A peculiar situation arose after the results were out in the case of Uttar

Pradesh general election. As President's Rule was in force, the Commission could issue the 'Due Constitution' Notification under Section 73 of the Representation of the People Act, 1951, only after the President's Rule was lifted. However, the Governor of the State, after taking stock of the situation, came to the conclusion that no party or group of parties could form a viable Government and, therefore, recommended the lifting of the President's Rule and reimposition of the same. In these circumstances the 'Due Constitution' Notification was published immediately after the lifting of the President's Rule and immediately before the imposition of the President's Rule in the State on 17th October, 1996.

STATE ASSEMBLY ELECTIONS

2. JAMMU & KASHMIR LEGISLATIVE ASSEMBLY General election to constitute the State Legislative Assembly of Jammu & Kashmir was held in August, 1996. In one sense, it was an historic election as it was held after nine years since 1987. One of the major political parties in the State, the Jammu & Kashmir National Conference, had boycotted the parliamentary elections held in April-May, 1996; but it decided to participate in the Assembly elections. In view of the law and order situation obtaining in the State, the primary consideration of the Commission in conducting the elections was to see that adequate security measures were taken to ensure that the candidates could campaign, and the electors could vote, without being at the receiving end of any threat or untoward incident at the hands of certain disruptive and extremist elements. To this end, several discussions were held with senior officials of the Ministry of Home Affairs as well as senior officials, including police officials, of the Jammu & Kashmir State Government. After such prolonged deliberations, it was decided to take the poll in four phases. For the first time in the history of the country, for the general election to a State Assembly, multiple notifications were issued — four separate notifications for each of the four poll days. This was done to ensure that all candidates should more or less, have equal and also minimum period of campaigning that has been prescribed under the law for the purpose, and that during this period they could be provided with very tight security, like, bullet proof cars and armed police escorts, etc. 2.

One of the special features of the Jammu & Kashmir elections was the

voting mechanism by postal ballot, whereby the displaced Kashmiri Pandits from the Kashmir valley could exercise their franchise in relation to their native constituencies from which they had been displaced. The scheme for this had already been chalked out and implemented by the Commission for the general election to the Lok Sabha, held earlier in April-May, 1996. The same was operationalised again with some little changes, for the general election to the Assembly also. The scheme required close co-ordination with the postal authorities, both in Delhi and Jammu, where the transitory camps housing these displaced citizens were located.

95

MAJOR EVENTS & NEW INITIATIVES

3.

To oversee security arrangements and other managerial aspects in the

conduct of elections, repeated visits to the valley were made (both by Dr. M.S. Gill, Chief Election Commissioner and by Shri G.V.G. Krishnamurthy, Election Commissioner). During these visits, they held extensive discussions with the local officials incharge of managing the elections, and met with the representatives of political parties. 4.

The State of Jammu & Kashmir was under President's Rule, which was to

expire on 17th January, 1997. The Government of India, Ministry of Home Affairs informed the Commission by letter dated 26th July, 1996 that notwithstanding the extension of President's Rule till 17th January, 1997, Government had decided to go in for elections for the Jammu & Kashmir Assembly at the earliest possible and thereafter to revoke the President's Rule. Accordingly, the Commission decided to hold general elections to the Legislative Assembly of Jammu & Kashmir in September, 1996. 5.

The President enacted the Jammu & Kashmir Representation of People

(Amendment) Act, 1996 as Act 6 of 1996, exercising the powers of the State Legislature. This came into force from 1st August, 1996. One of the provisions of the amending enactment was that the date of poll could now be fixed on the fourteenth day, instead of the twentieth day, after the last date for withdrawal of candidatures. 6.

The Commission held detailed discussions with the Ministry of Home

Affairs on the dates of poll for elections to the Jammu & Kashmir Assembly. As a result of discussions, it was decided that the poll would be spread over four days during September, 1996 and four separate notifications would be issued by the Governor calling the general election, so that the campaign period in all constituencies was more or less equal and kept to the minimum.

STATE ASSEMBLY ELECTIONS

7.

97

Accordingly, the following programme was fixed for the election: Date for Last date Date of issue of Last date for making scrutiny of for withdrawal Governor's notification nominations nominations of candidatures calling the general election

Date of poll

1st Notification

14.08.1996

21.08.1996

22.08.1996

24.08.1996

07.09 1996

Ilnd Notification

21.08.1996

30.08.1996

31.08.1996

02.09.1996

16.09 1996

Illrd Notification

27.08.1996

03.09.1996

04.09.1996

06.09.1996

21.09 1996

IVth Notification

06.09.1996

13.09.19996

14.09.1996

16.09.1996

30.09.1996

Date before which the election shall be completec

:

7.00 A. M. to 5.00 P. M.

Hours of poll

8.

08.10.1996

The phasing of polling was decided as follows: Districts

Date

No. of Assembly Constituencies

7 September (Saturday)

Baramulla, Kupwara, Poonch, Rajouri, Leh and Kargil

26

14 September (Saturday)

Anantnag, Pulwama, Jammu and Kathua

34

21 September (Saturday)

Srinagar, Budgam, Udhampur

21

30 September (Monday)

Doda

06

Requisitioning the Staff from Other States 9.

In view of the resistance being shown by some of State Government

employees to perform election duties, the Government of India prepared and executed a contingency plan to depute Government employees belonging to various Ministries of the Government of India and other State Governments for election duties in Jammu & Kashmir. The Commission formally requested the President of India and the Governors of Andhra Pradesh, Bihar, Madhya Pradesh, Haryana, National Capital Territory of Delhi and Uttar Pradesh to make available the services of such employees whose services may be necessary for the smooth conduct of elections to the Legislative Assembly of Jammu & Kashmir.

MAJOR EVENTS & NEW INITIATIVES

Special Arrangements for Postal Ballot Papers 10.

The Commission made special arrangements for postal ballot papers

for Kashmiri migrants residing in Delhi and Jammu for exercising their franchise.

The

migrants

were

enrolled

in

the

following

Assembly

constituencies and were residing at Delhi and Jammu:1-Karnah, 2-Kupwara, 3-Lolab, 4-Handwara, 5-Langate, 6-Uri, 7-Rafiabad,

8-Sopore, 9-Gurez,

10-Bandipora,

11-Sonawari,

12-Sangrama, 13-Baramulla, 14-Gulmarg and 15-Pattan (a)

Separate boxes were placed at Tis Hazari Courts Building and Jammu & Kashmir House, Prithvi Raj Road to enable the migrant voters to deposit their applications for postal ballots till the midnight on the last date for the purpose, i.e. 27th August, 1996.

(b)

Five gazetted officers were exclusively posted at both these centres to make necessary certification on the said applications in Form 12C upon production of necessary evidence of identity of the Kashmiri migrants.

(c)

Special boxes were also placed at the above places for depositing the postal ballot papers by these voters.

11.

The Commission appointed 28 General Observers and 14 Expenditure

Observers to oversee the election process and counting of votes and for monitoring the expenditure by the contesting candidates and political parties. 12.

The process of filing of nomination papers started on 14th August, 1996. A

total number of 679 nominations were filed. 31 nominations were rejected and 101 nominations were withdrawn. 547 candidates were left in the field for 87 assembly constituencies. All the elections were contested. The minimum and maximum number of candidates in a constituency was 2 and 14 respectively. 13.

The total electorate was 47,61,095. 6324 polling stations were set up for

casting votes by them. Number of electors who voted was 25,67,038. The poll percentage was 53.92%.

STATE ASSEMBLY ELECTIONS

14.

99

The counting of votes was taken up on 1st October, 1996. The number

of seats contested and seats won by various parties was as under: Party

Seats contested

won

Percentage of votes polled

Seats

All India Indira Congress (Tiwari)

09

01

00.70%

Bharatiya Janata Party

53

08

12.13%

Communist Party of India

03

00

00.06%

Communist Party of India (Marxist)

04

01

00.96%

Indian National Congress

84

07

20.00%

Janata Dal

76

05

10.87%

Bahujan Samaj Party

29

04

15.07%

Jammu & Kashmir National Conference

81

57

37.08%

Jammu & Kashmir Panthers Party

45

01

02.25%

Jammu & Kashmir Awami League

27

01

02.43%

134

02

09.31%

Independents 15.

The Commission's notification under section 82 of the Jammu & Kashmir

Representation of the People Act, 1957, duly constituting the new Legislative Assembly, was issued on 9th October, 1996. The new Assembly met for its first meeting on 18th October, 1996.

II. GENERAL ELECTION TO PUNJAB LEGISLATIVE ASSEMBLY, 1997 General Election to Punjab Legislative Assembly was held in February, 1997. The announcement for this came in towards the end of December, 1996 i.e. on 30th December, 1996. The Commission's composition for conduct of this election had meanwhile undergone a change and, during the relevant period, there was two Member Commission - Dr. M.S. Gill, Chief Election Commissioner and Shri G.V.G. Krishnamurthy, Election Commissioner. 2.

The term of the Punjab Legislative Assembly was to expire normally on th

15 March, 1997 The Commission decided to hold general election to the Legislative Assembly as per the following programme: -

•JQQ

MAJOR EVENTS & NEW INITIATIVES

(a)

calling the general election

13.01.1997

(b)

Last date for making nominations

20.01.1997

(c)

Date of scrutiny of nominations

21.01.1997

(d)

Last date for withdrawal of candidatures

24.01.1997

(e)

Date of poll

07.02.1997

(f)

Date before which the election shall be completed

13.02.1997

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.30 A.M. to 4.30 P.M.

The process of filing of nomination papers started on 13th January, 1997.

A total number of 1208 nomination papers were filed. 288 nominations were rejected and 227 nominations were withdrawn. 693 candidates were left in the field for 117 assembly constituencies. The minimum and maximum number of candidates in a constituency was 2 and 14 respectively. Model Code of Conduct 4.

The election was characterised by the Government of the day taking a

strong exception to the strict implementation of the Model Code of Conduct on announcement of the election, which ensured that no new schemes could be announced or sought to be implemented once the elections had been announced. To this end, an individual sympathiser of the Government moved the Punjab and Haryana High Court against this particular feature of the Model Code, i.e., the time from which it becomes enforceable and the scope of the action that the Commission can take once it has been imposed. A Divison Bench of the High Court, presided over by the Chief Justice, upheld the stand of the Commission, namely, that the Model Code of Conduct comes into effect from the date of announcement of the election by the Commission and that the Commission could enforce it for ensuring free and fair election from that day itself. Thus, a common observation made in respect of Model Code of Conduct that it has no statutory backing gets diluted since the pronouncement of this judgement.

STATE ASSEMBLY ELECTIONS

Security Arrangements 3.

The Commission asked the State Government of Punjab to take all

necessary steps for maintenance of proper law and order, so that any attempts to disrupt peaceful conduct of elections were thwarted. The Commission also allowed the deployment of Home Guards/voluntary forces/ex-servicemen/retired policemen for election related law and order arrangements, subject to the following conditions, among others: (a)

The Chief Secretary of the State would personally ensure that only those Home Guards are deployed who were recruited as per the prescribed rules and regulations before 30th September, 1996;

(b)

Only those voluntary forces persons would be deployed who have been recruited by a selection committee set up by Government, consisting entirely of senior officers only;

(c)

In case of ex-servicemen or retired policemen, only those persons should be utilised, who have retired not more than 3 years ago. At the time of counting, adequate and fool-proof security arrangements were

made, both inside and around the counting centres. The central police forces were deployed at the counting centres, as far as practicable. 6.

As a special case, the Commission accorded permission to the chartered

flying by the Amritsar Aviation Club for pamphlet-dropping over various constituencies for campaigning by political parties and candidates. However, no candidates or representatives of political parties were permitted to fly themselves in the aircraft so hired. It was also instructed that the expenditure incurred by the various political parties and contesting candidates on the pamphlet-dropping would be duly communicated to the District Election Officers concerned to ensure that the expenditure incurred by them was reflected in the accounts of election expenses filed by the candidates and political parties. 7.

The Commission appointed 36 General Observers and 35 Expenditure

Observers to oversee the election process and counting of votes and for monitoring the expenditure by the contesting candidates and political parties.

\Q\

MAJOR EVENTS & NEW INITIATIVES

102

8.

The total electorate was 1,52,25,395. 18,051 polling stations were set up for

casting votes by them. Number of electors who voted was 1,04,63,868.The poll percentage was 68.73%. 9.

There was only one case of repoll at one polling station. Close monitoring,

including repeated visits by the Election Commissioner Shri G.V.G. Krishnamurthy, to the state ensured that the elections were free and fair and there was no violence of any sort in the process. The counting of votes was taken up on 9th February, 1997. The number of

10.

seats contested and seats won by various parties was as under: Party

Seats contested

Seats won

Percentage of votes polled

Bharatiya Janata Party

22

18

08.33%

Communist Party of India

15

02

02.98%

Communist Party of India (Marxist)

25

00

01.79%

105

14

26.59%

Janata Dal

27

00

00.56%

Janata Party

01

00

00.01%

Samata Party

02'

00

00.03%

Bahujan Samaj Party

67

01

07.48%

Shiromani Akali Dal

92

75

37.64%

Shiromani Akali Dal (Simranjit Singh Mann)

30

01

03.10%

244

06

10.87%

Indian National Congress

Independents

11.

The Commission's notification under section 73 of the Representation

of the People Act, 1951 duly constituting the new Legislative Assembly, was issued on

12th February, 1997.The new Assembly met for its first meeting on 3 rd March,

1997.

STATE ASSEMBLY ELECTIONS

.

III. GENERAL E L E C T I O N S TO T H E LEGISLATIVE ASSEMBLIES OF MADHYA PRADESH, RAJASTHAN, MIZORAM AND NATIONAL CAPITAL TERRITORY OF DELHI, 1998 Introductory General Elections to these four State Legislative Assemblies and several byeelections were held in October, 1998. The important feature in scheduling of these election was that in spite of views from certain quarters to the contrary, the Commission went ahead and scheduled single day poll for all these four States. This was a departure from the past in respect of the large States of Madhya Pradesh and Rajasthan, where elections were earlier being held on more than one day. 2.

Having decide on the one-day poll schedule, the Commission had several rounds

of discussions with the law and order authorities in these States, as well as the Ministry of Home Affairs, and thereafter closely monitored the deployment of police forces so that necessary coverage of all constituencies was there to bring about free and fair elections. The Commission also took the initiative and allowed inter-State movement of Home Guards to facilitate the coverage of all the polling booths. 3.

However, the most important and notable feature of these elections was the

introduction and use of Electronic Voting Machines. The EVMs were used in 16 Assembly Constituencies in Delhi and in the States of Madhya Pradesh and Rajasthan. Since this was the first time that the machines were used after their purchase in 1990, the constituencies were selected with great care by the Commission, keeping in view their compact nature and the availability of necessary logistic so that in case of any malfunctioning of any machine in any booth could be promptly attended or even replaced, if necessary. 4.

Besides this, extensive field publicity measures were taken to popularise the

machine and their usage in the constituencies where they were used. Video film in vernacular was made which was extensively shown in the constituencies for purposes of popularising the machines with the voters. The Chief Election Commissioner himself visited several of these constituencies and, in his visits, made

103

MAJOR EVENTS & NEW INITIATIVES

it a point to inspect on a personal basis the measures being taken to popularise the EVMs. Needless to add, prior to the usage of EVMs, the necessary help literature in the form of various Handbooks for the guidance of election staff, political parties, and their agents, was brought out by the Commission and published. The two significant advantages of the EVMs are the dispensing with the need to print lakhs of ballot papers, there are no invalid votes at all and the counting is a quick and brisk operation without any controversies, disputes and contentions. 1. MADHYA PRADESH LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of Madhya Pradesh was up to 22nd December, 1998. The Commission decided to have general election to the State Legislative Assembly along with the General Elections to the State Legislative Assemblies of Mizoram, NCT of Delhi and Rajasthan, which were also due around the same time. 2.

The Commission forwarded its recommendation to the Governor of Madhya

Pradesh for issuing notification under section 15 of the Representation of the People Act, 1951 calling upon the Assembly Constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

Date of issue of Governor's notification calling the general election

30.10.1998

(b)

Last date for making nominations

06.11.1998

(c)

Date of scrutiny of nominations

07.11.1998

(d)

Last date for withdrawal of candidatures

09.11.1998

(e)

Date of poll

25.11.1998

(f)

Date before which the election shall be completed

(g) 3.

Hours of poll

04.12.1998 7.00 A.M. to 5.00 P.M.

The process of filing of nomination papers started on 30th October, 1998.

A total number of 4,130 nomination papers were filed. 1,065 nominations were

STATE ASSEMBLY ELECTIONS

JQ5

rejected and 555 nominations were withdrawn. 2,510 candidates were left in the field for 320 Assembly constituencies. There were 2 contesting candidates in four constituencies. The maximum number of contesting candidates in a constituency was 20. 4.

For the first time after the law was amended in 1989, permitting the use

of Electronic Voting Machines, the Commission decided to use these Machines, in place of conventional ballot boxes, in the following 5 Assembly constituencies in Madhya Pradesh. These constituencies were selected, keeping in view their compact urban character and the relatively higher level of literacy therein: No. & Name of Assembly Constituency

5.

Number of Polling Stations

15-Gwalior

229

16-Lashkar East

132

17-Lashkar West

160

239-Bhopal South

378

240-Bhopal North

250

The Commission appointed 40 General Observers and 40 Expenditure

Observers, one each for all Assembly segments comprised within a Parliamentary Constituency . The Observers were required to oversee the election process, monitor the expenditure by the contesting candidates and political parties and oversee the counting of votes. 6.

The total electorate was 4,48,61,764. 56,828 polling stations were set up

for casting votes by voters. 2,70,16,547 electors voted during the elections. Poll percentage was 60.22 % 7.

The counting of votes in respect of all constituencies was taken up on 28th

November, 1998. The number of seats contested and seats won by various parties was as under: -

MAJOR EVENTS & NEW INITIATIVES

106

Seats contested

Seats won

Percentage of votes polled

Bharatiya Janata Party

320

119

39.28%

Bahujan Samaj Party

170

011

06.15%

Communist Party of India

032

000

00.71%

Communist Party of India (Marxist)

012

000

00.32%

Indian National Congress

316

172

40.59%

Janata Dal

144

001

01.87%

Samata Party

041

000

00.14%

Janata Party

014

001

00.20%

Republican Party of India

020

001

00.13%

Samajwadi Party

094

004

01.58%

Ajeya Bharat Party

078

001

00.55%

Gondvana Gantantra Party

081

001

00.82%

892

009

06.49%

Patty

National Parties

State Parties

Registered (Unrecognised) Parties

Independents Independents

8.

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 1st December, 1998. The first meeting of the new State Legislative Assembly was held on 1st February, 1999.

2. MIZORAM LEGISLATIVE ASSEMBLY The term of the Legislative Assembly of Mizoram was up to 9th December, 1998. The Commission decided to have the general election to the State Legislative Assembly along with the General Elections to the State Legislative Assemblies of Madhya Pradesh, NCT of Delhi and Rajasthan, which were also due around the same time.

STATE ASSEMBLY ELECTIONS

2.

JQ7

The Commission forwarded its recommendations to the Governor of

Mizoram for issuing notification under section 15 of the Representation of the People Act, 1951 calling upon the assembly Constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

calling the general election

30.10.1998

(b)

Last date for making nominations

06.11.1998

(c)

Date of scrutiny of nominations

07.11.1998

(d)

Last date for withdrawal of candidatures

09.11.1998

(e)

Date of poll

25.11.1998

(f)

Date before which the election shall be completed

04.12.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 4.00 P.M.

The process of filing of nomination papers started on 30th October, 1998.

A total number of 260 nominations were filed. 7 nominations were rejected and 32 nominations were withdrawn.

221 candidates were left in the field for 40

Assembly constituencies. There were 2 contesting candidates in one constituency. The maximum number of contesting candidates in a constituency was 9. 4.

It came to the notice of the Commission that about 25,000 tribal persons,

belonging mostly to the Reang tribe, had taken shelter in different refugee camps in Tripura and Assam, after vacating some of their villages in Mizoram. As this came to be known at quite a late stage and as no time was available to make alternative arrangements for these persons to exercise their franchise, the Chief Electoral Officer, Mizoram was directed to take adequate measures to ensure that no bogus voting was done in their names. The situation passed off peacefully. 5.

The Commission appointed 4 General Observers and 4 Expenditure

Observers - one observer each for 10 Assembly constituencies. The Observers were required to oversee the election process, monitor the expenditure by the contesting candidates and political parties and also oversee the counting of votes.

MAJOR EVENTS & NEW INITIATIVES

108

6.

The total electorate was 4,45,366. 788 polling stations were set up for casting

votes by them. 3,39,001 electors voted during the elections. Poll percentage was 76.32%. The counting of votes in respect of all constituencies was taken up on 28th

7.

November, 1998. The number of seats contested and seats won by various parties was as under: Party

Seats contested

Seats won

Percentage of votes polled

National Parties Bharatiya Janata Party

12

00

02.50%

Indian National Congress

40

06

29.77%

Janata Dal

10

00

00.28%

Samata Party

10

00

00.28%

28

21

24.99%

28

12

20.44%

44

01

09.82%

State Parties Mizo National Front Registered (Unrecognised) Parties Mi2oram People's Conference Independents Independents

8.

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of elected members and their party affiliation, was issued on 2nd December, 1998. The first meeting of the new State Legislative Assembly was held on 8th December, 1998.

STATE ASSEMBLY ELECTIONS

JQ9

3. RAJASTHAN LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of Rajasthan was up to 27th December, 1998. The Commission decided to have the general election to the State Legislative Assembly along with the General Elections to the State Legislative Assemblies of Madhya Pradesh, Mizoram and NCT of Delhi, which were also due around the same time. 2.

The Commission forwarded its recommendation to the Governor of

Rajasthan for issuing notification under section 15 of the Representation of the People Act, 1951 calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

calling the general election

30.10.1998

(b)

Last date for making nominations

06.11.1998

(c)

Date of scrutiny of nominations

07.11.1998

(d)

Last date for withdrawal of candidatures

09.11.1998

(e)

Date of poll

25.11.1998

(f)

Date before which the election shall be completed

04.12.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 5.00 P.M.

The process of filing of nomination papers started on 30th October, 1998.

A total number of 2,578 nominations were filed. 358 nominations were rejected and 784 nominations were withdrawn. 1,436 candidates were left in the field for 200 Assembly constituencies. There were 2 contesting candidates in one constituency. The maximum number of contesting candidates in a constituency . was 18. 4.

.

.

•

The Commission decided to use Electronic Voting Machines, in place of

conventional ballot boxes, for poll in the following 5 Assembly constituencies. This was the first occasion when these machines were used in this State. These

MAJOR EVENTS & NEW INITIATIVES

110

constituencies were selected, keeping in view their compact urban character and the relatively higher level of literacy therein: No. & Name of Assembly Constituency

5.

Number of Polling Stations

41-Hawa Mahal

130

42-Johribazar

313

43-Kishanpole

277

95-Ajmer East (SC)

205

96-Ajmer West

145

The Commission appointed 25 General Observers and 25 Expenditure

Observers, one observer for all Assembly constituencies comprised in a Parliamentary constituency. One additional General Observer was also appointed in Bali Assembly constituency from where the then Chief Minister was contesting the election. The Observers were required to oversee the election process, monitor the expenditure by the contesting candidates and political parties and also oversee the counting of votes. 6.

The total electorate was 3,01,32,777. 1,91,00,906 electors voted during the

elections. Poll percentage was 63.39%. 7.

40,813 polling stations were set up for casting votes by voters. In Sheo

Assembly constituency, 3 mobile polling stations on camel-carts were set up. These polling stations moved in these respective polling areas for facilitating the voters to vote almost at their doorsteps. 8.

The poll in three assembly constituencies was adjourned by the Returning

Officers under section 52 of the Representation of the People Act, 1951, due to death of candidates set up by recognised political parties: Assembly constituency

Name and party affiliation of candidate

149-Kumbalgarh

Shri Mukul Gurjar- Bahujan Samaj Party

150-Bhim

Shri Laxman Singh-Bahujan Samaj Party

200-Mundwa

Shri Ramdev - Bharatiya Janata Party

STATE ASSEMBLY ELECTIONS

111

On receipt of reports from the Returning Officers, the Commission issued notices to the concerned Political Parties to nominate another candidate in place of the deceased candidate in accordance with the provisions of the Representation of the People Act, 1951. However, no such party nominated any other candidate in response to the Commission's notice, within the stipulated time. The poll of the above mentioned constituencies was later on held with the remaining contestants on 22nd February, 1999. The counting of votes in respect of 197 constituencies was taken up on 28th

9.

November, 1998. All the results were declared expeditiously. The number of seats contested and seats won by various parties was as under: Seats contested

Seats won

Percentage of votes polled

Bharatiya Janata Party

196

033

33.23%

Bahujan Samaj Party

108

002

02.17%

Communist Party of India

020

000

00.20%

Communist Party of India (Marxist)

014

001

00.81%

Indian National Congress

200

153

44.95%

Janata Dal

069

003

01.97%

. 039

000

00.19%

018

001

00.28%

604

007

14.41%

Patty

National Parties

Samata Party State Parties Rashtriya Janata Dal Independents Independents

10.

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of elected members and their party affiliation, was issued on 1st December, 1998. The first meeting of the new State Legislative Assembly was held on 4 th January, 1999.

1J2

MAJOR EVENTS & NEW INITIATIVES

4. NATIONAL CAPITAL TERRITORY OF DELHI LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of National Capital Territory of Delhi was up to 13th December, 1998. The Commission decided to have the general election to the Legislative Assembly along with the General Elections to the State Legislative Assemblies of Madhya Pradesh, Mizoram and Rajasthan, which were also due around the same time. 2.

The Commission forwarded its recommendation to the Lieutenant

Governor of Delhi for issuing notification under section 15 of the Representation of the People Act, 1951 calling upon the Assembly constituencies to elect members to the Delhi Legislative Assembly, as per the following schedule: (a)

calling the general election

30.10.1998

(b)

Last date for making nominations

06.11.1998

(c)

Date of scrutiny of nominations

07.11.1998

(d)

Last date for withdrawal of candidatures

09.11.1998

(e)

Date of poll

25.11.1998

(f)

Date before which the election shall be completed

04.12.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 5.00 P.M.

The process of filing of nomination papers started on 30th October, 1998.

A total number of 1,052 nominations were filed. 134 nominations were rejected and 103 nominations were withdrawn. 815 candidates were left in the field for 70 Assembly constituencies. There were 2 contesting candidates in one constituency. The maximum number of contesting candidates in a constituency was 18. 4.

The Commission decided to use Electronic Voting Machines in place of

conventional ballot boxes for poll in the following 6 Assembly constituencies. These constituencies were selected, keeping in view their compact urban character

STATE ASSEMBLY ELECTIONS

and the relatively higher level of literacy therein. In five of these constituencies (other than Jangpura), Electronic Voting Machines had been once used earlier also in 1983. No. & Name of Assembly Constituency Number of Polling Stations

5.

1-Sarojini Nagar

106

2-Gole Market

114

3-Minto Road

139

4-Kasturba Nagar

124

5-Jangpura

115

6-Delhi Cantonment

113

The poll in 25-Nangloi Jat Assembly constituency was adjourned by the

Returning Officer under section 52 of the Representation of the People Act, 1951, due to death of a contesting candidate set up by a recognised political party (Samata Party). 6.

On receipt of report from the Returning Officer, the Commission issued

notice to the concerned Political Party to nominate another candidate in accordance with the provisions of the Representation of the People Act, 1951. The poll from 25-Nangloi Jat Assembly constituency was later taken on 22nd February, 1999. 7.

The Commission appointed 11 General Observers and 9 Expenditure

Observers. One General and one Expenditure Observer was appointed in each of the New Delhi, South Delhi, Chandni Chowk, Delhi Sadar and Karol Bagh Parliamentary Constituencies. In East Delhi and Outer Delhi Parliamentary Constituencies, 6 General Observers and 4 Expenditure Observers were appointed. The Observers were required to oversee the election process, monitor the expenditure by the contesting candidates and political parties and also oversee the counting of votes in the Assembly constituencies comprised within the said Parliamentary constituencies. 8.

The total electorate in 69 Assembly constituencies which went to the polls th

on 25 November, 1998 was 84,20,131. 9142 polling stations were set up for

MAJOR EVENTS & NEW INITIATIVES

114

casting votes by voters. 41,24,986 electors voted during the elections.

Poll

percentage was 48.99%. The counting of votes was taken up on 28th November, 1998. All the results

9.

were declared on the same day. The number of seats contested and seats won by various parties was as under: Party

Seats contested

Seats won

Percentage of votes polled

National Parties Bharatiya Janata Party

67

15

34.02%

Bahujan Samaj Party

58

00

03.09%

Communist Party of India

03

00

00.20%

Communist Party of India (Marxist)

04

00

01.17%

Indian National Congress

70

52

47.76%

Janata Dal

48

01

01.80%

Samata Party

07

00

00.49%

354

02

08.71%

Independents Independents 10.

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of elected members and their party affiliation, was issued on 30th November, 1998. The first meeting of the new Legislative Assembly of Delhi was held on 14th December, 1998.

STATE ASSEMBLY ELECTIONS

IV. GENERAL ELECTION TO GOA LEGISLATIVE ASSEMBLY - 1999 The last General Election to Goa Legislative Assembly was held in November 1994. The term of the State Legislative Assembly was up to 12th January, 2000. However, Shri Luizinho Faleiro, Chief Minister of Goa tendered his resignation to the Governor of Goa on 8th February, 1999. The President of India issued a proclamation under Articles 356 of the Constitution of India and the State of Goa was placed under the President's Rule on 10th February, 1999. The State Legislative Assembly was also dissolved simultaneously. 2.

Immediately after the dissolution of the State Legislative Assembly, all major

political parties asked for holding of early elections. The Government of India, Ministry of Home Affairs vide its letter No. V/11013/9/98-CSR dated 11 th March, 1999 also requested the Commission to hold General Elections to the Goa Legislative Assembly as early as possible. In the meeting of all political parties held on 3 rd May, 1999 to discuss the General Elections to Lok Sabha there was unanimity among party representatives to hold elections to Goa Legislative Assembly as early as possible. 3.

After taking into account all relevant factors, the Commission forwarded

its recommendations to the Governor of Goa to issue notification under section 15 of the Representation of the People Act, 1951, as per the following schedule:(a)

Date of issue of Governor's notification calling the general election

10.05.1999 (Monday)

(b)

Last date for making nominations

17.05.1999 (Monday)

(c)

Date for scrutiny of nominations

18.05.1999 (Tuesday)

(d)

Last date for withdrawal of candidatures

20.05.1999 (Thursday)

(e)

Date of poll

04.06.1999 (Friday)

(f)

Date before which the election shall be completed

(g)

Hours of poll

10.06.1999 (Thursday) 7.00 A.M. to 5.00 P.M.

MAJOR EVENTS & NEW INITIATIVES

4.

The process of filing of nomination papers started on 10* May, 1999. A

total number of 362 nomination papers were filed. 99 nominations were rejected and 53 nominations were withdrawn. 210 candidates were left in the field for 40 assembly constituencies. There was one contesting candidate in one constituency. The maximum number of contesting candidates in a constituency was 9. 5.

In 27-Loutolim assembly constituency, nine candidates filed nomination

papers. Three nominations were rejected while the five candidates withdrew their candidatures. Thus Shri Aleixo Sequeira was declared elected uncontested. 6.

The Commission on the basis of its experience during the State Assembly

Elections held in November 1998 and bye-elections held in February 1999 decided to conduct elections for the new assembly in Goa entirely with the use of Electronic Voting Machines. This was for the first time that for any State Assembly the entire election process of balloting and counting was done exclusively using Electronic Voting Machines. The Commission took this unique and historic step in modernising and systemising electoral management and a major milestone in the history of Indian democracy. 7.

The Commission appointed 4 General Observers and 4 Expenditure

Observers to oversee the election process, monitoring the expenditure by contesting candidates and the counting of votes. 8.

The total electorate was 9,08,573. 1135 polling stations were set up for

casting votes by voters. Number of electors who voted for 39 seats was 5,77,756. 9.

The counting of votes in respect of 39 assembly constituencies was taken

up on 6th June, 1999. All the results were declared on the same day. The number of seats contested and seats won by various parties was as under :-

STATE ASSEMBLY ELECTIONS

Party

117

won

Percentage of votes polled

39

10

26.15%

Seats contested

Seats

N a t i o n a l Parties

1.

Bharatiya Janata Party

2.

Communist Party of India

1

0

0.11%

3.

Communist Party of India (Marxist)

2

0

0.28%

4.

Indian National Congress

40

21

38.58%

5.

Janata Dal

1

0

0.03%

State Parties 6.

Maharashtrawadi Gomantak

31

4

14.05%

7.

Shiv Sena

14

0

1.04%

8.

United Goans Democratic Party

17

2

6.40%

Gommant Lok Pokx

1

0

0.30%

10. Goa Rajiv Congress Party

14

2

6.33%

3

0

0.08%

47

1

6.65%

Registered (Unrecognised) Parties 9.

11. Goa Vikas Party Independents 12. Independents 10.

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 9th June, 1999. The first meeting of the new State Legislative Assembly was held on 14th June, 1999.

JJg

MAJOR EVENTS & NEW INITIATIVES

V. GENERAL ELECTIONS TO LEGISLATIVE ASSEMBLIES OF BIHAR, HARYANA, MANIPUR AND ORISSA, 2000 The terms of the following State Legislative Assemblies were to expire on the dates noted against each : State

2.

Tenure of the Existing House

Manipur

21.03.2000

Orissa

22.03.2000

Bihar

09.04.2000

The Legislative Assembly in the State of Haryana was also prematurely

dissolved by the Governor of the State, necessitating the holding of general election to constitute new legislative assembly in the State. 3.

The Commission held meetings with the Home Secretary and other senior

officers of the Ministry of Home Affairs, Government of India and also with the Chief Electoral Officers and State Government Officers. On the basis of various inputs available to the Commission, the broad arrangements and plan for deployment of security forces including Central Para military Forces were worked out. 4.

The Commission after taking into account all relevant factors decided to

hold simultaneous elections to the State Legislative Assemblies of Bihar, Haryana, Manipur and Orissa. The Commission also decided to hold bye-elections to fill 2 seats in the Lok Sabha and 31 casual vacancies then existing in State Legislative Assemblies. The Commission announced the schedule for elections to the Legislative Assemblies of Bihar, Haryana, Manipur and Orissa and bye-elections to Lok Sabha and State Legislative Assemblies on 8th January, 2000. 5.

During the run up to the elections, senior officials of the Commission went

on a field visit to Orissa and visited the areas worst affected by the super-cyclone. The visit was to assess the requirements and inputs that would be necessary to conduct the elections in the aftermath of the super-cyclone and also to arrive at some sort of an estimate as to what would be the best period of holding the elections before the term of the Assembly expired. A similar field visit was also

STATE ASSEMBLY ELECTIONS

made for the State of Manipur to assess the possible impact that the insurgency in that State could have on the electoral process. The field visit was carried out to Bihar too to oversee the poll arrangements taking place in that State and also to assess the quantum of security forces that required to be inducted into the State for the conduct of smooth elections. Similar field visits were also undertaken to the State of Haryana. During these field visits, the officials met the representatives of the major political parties of the State and held discussions with them. 6.

In fixing the schedule for these elections, the Commission took note of

the school examinations that take place all over the country during March-April every year. It also took into consideration the fact that the newly elected legislature should have sufficient time to form a Government and that Government should have the adequate time to transact its financial business in the Assembly before the end of the financial year. Keeping these factors in mind and the requirements of the security forces and their rotation within the States, the schedule for the elections that were held in February, 2000 was drawn up. 7.

Before the elections, the electoral rolls in all the four States were revised

with particular aim to enfranchise those who had attained the age of 18 years on 1st January, 2000. Special attention was paid to see that in no constituency the rolls were fudged. Wherever unusually large number of claims and objections had been filed, special scrutiny was conducted by the Commission. In the case of Bihar, this exercise was all the more vigorous, because the rolls in that State could not be revised in 1999 due to the strike by employees for a considerable period. 8.

The Commission held a series of meetings, as is the practice, with the senior

officials of the Ministry of Home Affairs regarding the availability and deployment of security forces for these General Elections. The Chief Election Commissioner himself visited Bihar and set up a Coordination Committee, consisting of the local heads of the central police forces as well as the Director General of the State Police and the Chief Electoral Officer of the State. The Committee was to meet every day and any coordination problems were to be ironed out in these meetings. The minutes of the meetings were to come to the Commission every day for its scrutiny. Similarly, through consultations with Department of Personnel, 333 Observers were appointed for these elections. In the insurgency affected areas in South Bihar,

120

MAJOR EVENTS & NEW INITIATIVES

where the insurgents tend to use land mines, dampers were obtained from Coal India to carry out anti-land mine operations. The State aircrafts, the Defence aircrafts and helicopters were kept in readiness to immediately evacuate any polling personnel who could be injured in any operations by the terrorists or insurgents. In whichever area EVMs had been used in the '99 Lok Sabha Elections, they were once again used in these Assembly elections. In fact, their scope and usage was largely expanded. In Haryana, elections were conducted using EVMs in half of the constituencies, i.e., 45 of the 90 Assembly Constituencies. Not only this, but historically for the first time in Haryana elections, the Commission issued orders insisting that all those, who had been issued Photo Identity Cards, should carry them to the polling booths to cast their vote. Those electors, who had not yet obtained the cards, for some reason or the other, or those who had a very valid reason for not being able to bring the card issued to them, were allowed to cast their vote on production of some documentary evidence, establishing their identity to the satisfaction of the polling staff at the polling station. An illustrative list of such documents that could be acceptable to Presiding Officer at a polling booth was also issued by the Commission. The entire experiment was found to be of great success and was favourably commented upon by the political parties, the candidates and the lay public. Based on the feedback received, the Commission has taken a policy decision that its destination in conducting of elections would be to carry out all elections using EVMs, with the voter coming to the polling booth with his Photo Identity Card in his hand. 9.

Another significant action that the Commission took in these elections was

to reintroduce booth-wise counting. This was a departure from the practice that had been adopted throughout the 90s when the votes cast were mixed before the counting would take place. The booth-wise counting has been welcomed by all political parties as something which leads to a more efficient and transparent election process.

121

STATE ASSEMBLY ELECTIONS

1. BIHAR LEGISLATIVE ASSEMBLY The term of the Bihar Legislative Assembly was to expire on 9th April, 2000. The Commission decided to have a three-day poll to the State Assembly with uniform campaign period. Accordingly, the Commission recommended to the Governor of Bihar to issue three separate notifications under section 15 of the Representation of the People Act, 1951 as per the following schedules : (a)

Dates of issue of Governor's notification

17.1.2000 (Monday)

calling the general election

24.1.2000 (Monday) 27.1.2000 (Thursday) 24.1.2000 (Monday)

(b)

Last date for making nominations

31.1.2000 (Monday) 3.2.2000 (Thursday) 25.1.2000 (Tuesday)

(c)

Dates for scrutiny of nominations

1.2.2000 (Tuesday) 4.2.2000 (Friday) 27.1.2000 (Thursday)

(d)

Last dates for withdrawal of candidatures

3.2.2000 (Thursday) 7.2.2000 (Monday) 12.2.2000 (Saturday)

(e)

Dates of poll

17.2.2000 (Thursday) 22.2.2000 (Tuesday)

(f)

Date before which the election shall be completed

(g)

Hours of poll

8.3.2000 (Wednesday) 8.00 A.M. to 5.00 P.M.

The list of constituencies on each poll day is given at Appendix I. 2.

The process of filing of nomination papers started on 17th January, 2000.

There were 3941 candidates in the field for 324 seats in the Legislative Assembly.

J22

MAJOR EVENTS & NEW INITIATIVES

3.

The Commission appointed 108 General Observers and 54 Expenditure

Observers to oversee the Election Process, monitoring the expenditures by contesting candidates and political parties and counting of votes. 4.

To meet the short fall of security personnel, the Ministry of Home Affairs

provided Central Para Military Forces to the State Government. The Commission issued instructions for effective deployment of para military forces. It allowed the deployment of Ex-Servicemen, retired policemen including retired members of CPMF during the last five years, Forest Guards and Home Guards. The following steps were taken to ensure fair and free elections : (i)

In the extremist affected areas the forces were provided well before the polling dates to enhance anti-insurgency operations.

(ii)

In the extremist affected areas dumpers from Coal India were organised to assist in anti-landmine operations.

(iii)

The State Aircraft and Helicopters were kept on alert to be utilized in case of emergency.

(iv)

Combing operations were carried out to unearth illicit arms and ammunition in the extremist affected areas.

(v)

The Divisional Commissioners, Inspector Generals of Police, Deputy Inspector Generals of Police coordinated and supervised the deployment of forces.

5.

The law and order situation was by and large peaceful. Number of people

killed, injured etc. during the poll was as under : (i)

Number of killed in the violence

42 (including 5 polling and 13 police personnel)

(ii) Number of people injured in the violence (iii) Number of persons arrested in connection with violent incidents

117 (including 19 polling and 26 police personnel) 58 (including 6 surrendered before the Court)

123

STATE ASSEMBLY ELECTIONS

In addition to above, one police personnel and five polling personnel died and 20 polling personnel injured in road accidents during the elections. 6.

As was done in General Elections to Lok Sabha, the ballot papers for all

assembly constituencies of Bihar were printed at the Saraswati Press, Calcutta, owned by the West Bengal Government. 7.

83,159 polling stations were set up for casting votes by voters. The

Commission ordered re-poll in 1440 polling stations due to booth capturing or other irregularities which vitiated the poll. The counting of votes was taken up on 25th February, 2000. All the results

8.

were declared by 27th February, 2000. The number of seats contested and seats won by various parties is as under :Party

No. of Seats contested

No. of Seats won

National Parties Bharatiya Janata Party

168

067

Bahujan Samaj Party

249

005

Communist Party of India

153

005

Communist Party of India (Marxist)

021

002

Indian National Congress

323

023

Janata Dal (S)

010

000

Janata Dal (U)

087

021

Nationalist Congress Party

182

000

Communist Party of India (ML) (L)

107

006

All India Forward Block

005

000

Jharkhand Mukti Morcha

085

012

Janata Party

002

000

Rashtriya Janata Dal

293

124

Republican Party of India

002

000

Revolutionary Socialist Party

004

000

State Parties

MAJOR EVENTS & NEW INITIATIVES

124

Party

No. of Seats contested

No. of Seats won

Samata Party

120

034

Shiv Sena

062

000

Samajwadi Janata Party (R)

006

000

Samajwadi Party

122

000

United Goans Democratic Front

006

002

Akhil Bharat Hindu Mahasabha

004

000

Akhil Bharatiya Jan Sabha

001

000

Apna Dal

029

000

Ajeya Bharat Party

088

000

Amra Bangalee

006

- 000

Awami Party

001

000

BHJC

016

000

Bharatiya Jan Vikas Party

020

000

Bharatiya Jan Congress

002

000

Bharatiya Jan Congress (R)

113

000

Bharatiya Momin Front

007

000

Bihar People's Party

033

000

Hul Jharkhand Party

001

000

Hind Kisan Mazdoor Party

001

000

Indian Union Muslim League

002

000

Jharkhand Party

016

000

Jharkhand People's Party

011

000

Jharkhand Liberation Front

001

000

KMBP

003

000

KSP

007

002

Kamjor Varg Sangh, Bihar

003

000

Loktantrik Samajwadi Party

005

000

MCO

009

001

Registered (Unrecognized) Parties

STATE ASSEMBLY ELECTIONS

No. of Seats contested

Patty

9.

125

No. of Seats won

Marxist Communist Party of India (S)

006

000

National Democratic Party

001

000

National Democratic People's Front

004

000

Proutist Sarva Samaj Samiti

003

000

Rashtriya Kisan Party

002

000

Rashtriya Lok Dal

030

000

Samajik Jantantrik Party

001

000

Shoshit Samaj Dal

014

000

Samajwadi Jan Parishad

010

000

Independents

1484

020

Total

3941

324

The Commission's notification under section 73 of the Representation of

the Peoples Act, 1951 notifying the names of elected members and their party affiliation was issued on 1st March, 2000. The first meeting of the new Legislative Assembly of Bihar was held on 7th March, 2000.

MAJOR EVENTS & NEW INITIATIVES

126

Appendix I GENERAL ELECTION TO BIHAR LEGISLATIVE ASSEMBLY LIST OF CONSTITUENCIES FIRST POLL DAY - 12.02.2000 153 - Sikaripara (ST) 154 - Nala 155 — Jamatra 156 - Sarath 160 - Dumka (ST) 161 -Jama (ST) 205 — Masaurthi 206 - Patna West 208 - Patna East 209 - Dinapur 211 - Phulwari (SC) 212 - Bikrak 228 - Ramgarh 229 - Mohania (SC) 230 - Bhabua 231 — • Chainpur 232 — Sasaram 233 - Chenari (SC) 236 — Nabinagar 237 - Deo (SC) 238 — Aurangabad 239 - Rafiganj 240 - Obra 241 - Goh 242 - Arwal 243 - Kurtha 244 - Makhdumpur 246 - Ghosi 247 — Belaganj 248 - Konch 249 - Gaya Mufassil 250 - Gaya Town 251 - Imamganj (SC) 252 - Gurua 253 - Bodh Gaya (SC)

254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 285 286 287 288 289

- Barachatti (SC) 290 -Jugsalai (SC) 291 - Jamshedpur East - Fatehpur (SC) 292 - Jamshedpur West -Arti - Nawada 293 - Ichagarh 294 - Seraikella (ST) - Rajauli (SC) — Gobindpur 295 - Chailbasa (ST) - Warsaliganj 296 - Majhgaon (ST) 297 - Jaganathpur (ST) - Hisua 298 - Manoharpur (ST) - Kodarma - Barhi 299 - Chhkardharpur (ST) - Chatra (SC) 300 - Kharasawan (ST) — Simaria (SC) 301 - Tamar (ST) 302 - Torpa (ST) — Barkagaon - Ramgarh 303 - Khunti (ST) - Mandu 304 - Silli — Hazaribag 305 - Khijri (ST) - Barkatha 306 - Ranchi — Dhanwar 307 - Hatia - Bagodar 308 - Kannte (SC) -Jamua (SC) 309 - Mandar (ST) 310 - Sisai (ST) — Gandey - Giridih 311 - Kolebira (ST) - Dumri 312 - Simdega (ST) - Gomia 313 - Gumla (ST) - Bermo 314 - Bishnupur (ST) - Bokaro 315 - Lohadaga (ST) - Tundi 316 - Latehar (SC) - Baghmara 317 - Manika (ST) - Sindri 318 - Panki - Nirsa 319 - Daltonganj -Jharia 320 - Garhwa — Chandankiyari (SC) 321 — Bhawanathpur — Baharagora 322 — Bishrampur - Ghatsila (ST) 323 - Chhatarpur (SC) - Potka (ST)

127

STATE ASSEMBLY ELECTIONS

SECOND POLL DAY - 17.02.2000 27 28 29 30 31 32 33 34

— Basantpur — Goreakothi — Siwan - Mairwa (SC) - Darauli — Ziradei — Maharajganj — Raghunathpur

35 36 37 38 39 40 41 42 43 44

- Manjhi — Bahiapur — Masrakh - Taraiya — Marthaura — Jalalpur - Chapra - Garkha (SC) - Parsa — Sonepur

45 46 47 48 49 50 93 95 96 97 98 99 103 104 105 106 107 108

— Hajipur — Raghopur - Mahnar - Jandaha - Patepur (SC) - Mahua (SC) — Kalyanpur — Samastipur — Sarairanjan — Mohiuddin Nagar - Dalsinghsarai - Bibhutpur - Balia - Matihani — Begusarai — Barauri - Bachwara - Cheria Bariapur

109 141 147 148 149 150 151 152 157

- Bakhn (SC) - Barari — Rajmahal - Borio (ST) - Barhait (ST) - Litipara (ST) - Pakaur - Maheshpur (ST) — Madhupur

158 159 162 163 164 165 166 167 168 169 170

- Deoghar (SC) - Jarmundi - Poreyahat - Godda - Mahagama — Pirpainti — Colgong — Nathnagar — Bhagalpur — Gopalpur - Bihpur

171 172 173 174 175 176

— Sultanganj (SC) - Amarpur - Dhuriya (SC) - Banka - Belhar — Katoria

177 180 181 182 183 184 185 186 187 188

- Chakai - Kharagpur - Patnatta — Chautham - Khagaria - Alauli (SC) - Monghyr — Jamalpur - Surajgarh -Jamui

189 190 191 192 193 194 195 196 197 198 199 200

- Sikandra (SC) - Lakhisarai — Sheikhpura - Barbigha (SC) - Asthawan - Bihar - Rajgir (SC) - Nalanda - Islampur - Hilsa - Chandi - Harnaut

201 202 203 204 210 213 214 215 216 217 218 219 220 221 222

- Mokameh - Barh — Bakhtiarpur - Fatwa (SC) - Maner — Paliganj - Sandesh — Barhara - Arrah - Shahpur - Brahmpur - Buxar - Rajpur (SC) - Dumraon — Jagdishpur

223 224 225 226 227 234 235

- Piro - Sahar (SC) - Karakat — Bikramganj — Dinara - Nokha - Dehri

MAJOR EVENTS & NEW INITIATIVES

128

THIRD POLL DAY - 22.02.2000 1 2 3. 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 51 52 53 54 55 56 57 58 59 60

— Dhanaha - Bagha (SC) — Ramnagar — Shikarpur (SC) - Sikta - Lauria — Chanpatia - Bettiah — Nautan — Raxual — Suguali - Motihari - Adapur - Dhaka — Ghorasahan - Madhuban - Pipra (SC) — Kesariya - Harsidhi — Gobindganj — Kateya - Bhore (SC) — Mirganj - Gopalganj — Barauli — Baikunthpur — Lalganj - Vaishali - Paru — Sahebganj — Baruraj - Kanti — Kurhani - Sakra (SC) — Muzaffarpur - Bochaha (SC)

61

— Gaighatti

111 112 113 114 115 116 117 118 119

- Kishunpur - Supaul — Tribeniganj - Chhatarpur (SC) - Kumarkhand (SC) — Singheshwar — Saharsa -Mahishi — Simri-Bakhtiarpur

120 121 122 123 124 125 126 127 128 129

— Madhepura — Sonbarsa — Kishanganj — Alamnagar - Rupauli - Dhamdaha - Banmankhi - Raniganj - Narpatganj — Forbesganj

130 131 132 133 134 135 — Ghanshyampur — Baheri 136 — Darbhanga Rural (SC) 137 — Darbhanga 138 - Keoti 139 140 -Jale — Hayaghat 142 — Warisnagar (SC) 143 — Rosera 144 - Singhia (SC) 145 - Hasanpur 146

- Araria - Sikti -Jokihat - Bahadurganj - Thakurganj - Kishanganj — Amour - Baisi - Kasba - Pumea - Korha (SC)

— Aurai 63 - Minapur 64 — Runisaidpur 65 — Belsand 66 — Sheohar 67 — Sitamarhi 68 — Bathnaha 69 - Majorganj (SC) 62

70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 94 100 101 102

110 — Raghopur

- Sonbarsa - Sursand — Pupri — Benipatti - Bisfl — Harlakhi - Khajauli (SC) — Babubarhi — Madhubani — Pandaul — Jhanjharpur — Phulparas — Laukaha - Madhepur — Manigachi — Bahera

- Katihar - Kadwa - Barsoi — Pranpur - Manihari

STATE ASSEMBLY ELECTIONS

129

2. HARYANA LEGISLATIVE ASSEMBLY The term of the Haryana Legislative Assembly was up to 21 st May, 2001. The Governor of Haryana dissolved the Legislative Assembly under Article 174(2) of the Constitution on 14th December, 1999. The last sitting of the State Legislative Assembly was held on 15th November, 1999. As per the provisions of the Constitution, the next session of the State Assembly was required to be held on or before 14th May, 2000. Further, as the State was not brought under President's Rule, it was necessary for the State Legislative Assembly to meet before 31st March, 2000 for passing the annual budget. The Commission decided to hold General Elections to the State Legislative Assembly simultaneously with the General Elections to Bihar, Orissa and Manipur Legislative Assemblies. The Commission decided to have one day poll to the Legislative Assembly. Accordingly, the Commission recommended to the Governor to issue notification calling the general election as per the following programme : (a)

Date of issue of Governor's notification

27.1.2000 (Thursday)

calling the general election (b)

Last date for making nominations

03.02.2000 (Thursday)

(c)

Scrutiny of nominations

04.02.2000 (Friday)

(d)

Last date for withdrawal of candidatures

07.02.2000 (Monday)

(e)

Date of poll

22.02.2000 (Tuesday)

(f)

Date before which the election shall be

(g) 2.

completed

08.03.2000 (Wednesday)

Hours of poll

8.00 A.M. to 5.00 P.M.

The process of filing of nomination papers started on 27th January, 2000.

There were 965 candidates in the field for 90 seats in the Legislative Assembly. 3.

The Commission appointed 20 General Observers and 10 Expenditure

Observers to oversee election process, monitoring the expenditure by contesting candidates and political parties. The Commission also appointed 60 additional observers for counting of votes. In all, 90 observers were deployed to oversee counting of votes — one observer at each counting centre.

J30

MAJOR EVENTS & NEW INITIATIVES

4.

The Commission issued instructions for effective deployment of para

military forces. It allowed the deployment of Ex-servicemen, retired policemen including retired members of the para military forces during the last five years, Forest Guards and Home Guards. The Commission had decided not to deploy NCC (Sr.) Cadets for polling duties as was done during General Election to Lok Sabha. However, in view of the shortage of forces, the Commission agreed with the State Government to deploy NCC (Sr.) Cadets in consultation with the Ministry of Defence. 5.

The law and order situation was by and large peaceful. No person was

killed. Number of people injured in violence during the general elections was as under : (i)

Number of people injured in the violence

(ii)

Number of persons arrested in connection with violent incidents

34

7

In addition to above, 18 minor incidents relating to poll process took place in which 26 criminal cases were registered for investigation. 6.

The Commission decided to use electronic voting machines in the State. It

was decided to use EVMs in all Assembly segments of Karnal and Rohtak parliamentary constituencies. Besides, one constituency in each district was selected for use of EVMs. In all, EVMs were used in 45 Assembly Constituencies out of 90 Assembly Constituencies in the State. There was large scale appreciation by the electorate for the use of EVMs. 7.

The number of electors in the State was 1,11,53,851. The voter turn out

was 69%. A total of 15,451 polling stations were set up for the elections. The Commission ordered repoll in 23 polling stations due to various malpractices. 8.

The counting of votes was taken up on 25th February, 2000. All the results

were declared on the same day. The number of seats contested and the seats won by various parties was as under :-

131

STATE ASSEMBLY ELECTIONS

Party

National Parties Bharatiya Janata Party Bahujan Samaj Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal (S) Janata Dal (U) Nationalist Congress Party State Parties Communist Party of India (ML) (L) Haryana Vikas Party Indian National Lok Dal Janata Party Rashtriya Janata Dal Republican Party of India Shiv Sena SJP (R) Samajwadi Party SSP 001 Registered (Unrecognised) Parties Akhil Bharat Hindu Mahasabha Akhil Bharatiya Jan Sangh Ajeya Bharat Party Ambedkar Samaj Party Bharatiya Jan Kisan Party Bahujan Samaj Party (Ambedkar) National Loktantrik Party Rashtriya Lok Dal Rashtriya Swarn Dal Samajwadi Jan Parishad Independents

No. of Seats contested

No. of Seats

won

29

06

83

01

10

00

07

00

90

21

04

00

07

00

24

01

002

00

082

02

062

4.7

001

00

001

00

005

01

001

00

002

00

019

00

00

001

00

001

00

003

00

001

00

002

00

004

00

001

00

001 001

00 00 00

519

11

001

J32

MAJOR EVENTS & NEW INITIATIVES

9.

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951 notifying the names of the elected members and their party affiliations was issued on 28th February, 2000. The first meeting of the new Legislative Assembly of Haryana was held on 9th March, 2000.

USE OF IDENTITY CARDS In the implementation of the programme of issue of Identity Cards to electors, more than Rs. 1,000 crores have already been spent by the Central and State Governments. The questions are being raised by the various political parties, voters' organisations, candidates and general electors as to why the Election Commission is making use of those identity cards for ensuring clean elections, free from evils of malpractices and impersonation and bogus voting. The Comptroller and Auditor General of India has also made some audit observations in regard to expenditure incurred without any corresponding benefit being derived from use of these cards. The Commission, has, therefore, decided to make effective use of these cards at elections. With that object in view, the Commission assessed the progress made in the preparation and supply of identity cards to electors in various States, particularly the States which were to go to the polls in February, 2000. On such assessment, the Commission observed that, out of 1,11,09,568 electors on the electoral rolls of the State of Haryana, 97,77,534 electors had already been issued with identity cards which came to nearly 88.01%. In some of the constituencies, this percentage has gone above 95. The Commission also observed that the State election machinery had made all possible efforts to issue identity cards to all eligible electors who had not yet obtained them and had made repeated rounds of constituencies in areas with a view to issuing identity cards to left out voters, and the Commission was satisfied that the non-supply of cards to such left out voters was not on account of any apathy or lack of efforts or initiative on the part of the administrative machinery. It was felt that many of such electors might have been dead or moved out of the constituency and obtained their identity cards elsewhere and were not turning up for their photographs in their previous constituencies.

STATE ASSEMBLY FXECTIONS

'

The Commission, therefore, directed on 10th February, 2000 that all electors in the State of Haryana who had been issued with their identity cards shall produce diese cards for exercising their franchise at the time of poll on 22nd February, 2000, in the general election to the Haryana Legislative Assembly. Since, however, that was the first time in the country that the production of identity cards for the purpose of voting was being insisted upon, the Commission, as a matter of abundant caution, permitted the odd electors who had obtained their identity cards but who could not produce them for reasons beyond their control, or those who had not obtained their cards yet, to vote provided their identity was otherwise established to the satisfaction of polling staff. For this purpose, they were asked to produce some documentary evidence, like (i)

Ration Cards,

(ii)

Driving Licences,

(iii)

Passports,

(iv)

Identity Cards issued by the Central / State Government, Public Sector Undertakings, Local Bodies or other Private Industrial Houses,

(v)

Pass Books issued by Banks and Post Offices,

(vi)

Kisan Pass Books,

(vii)

Electricity Bills,

(viii) Chula Tax Bills, (ix)

Arms Licence,

(x)

Physically Handicapped Certificate,

(xi)

Student ID Card,

(xii)

Railway / Bus Pass,

(xiii) Conductor Licence, (xiv)

Freedom Fighter ID Card,

133

134

MAJOR EVENTS & NEW INITIATIVES

(xv)

Ex-Serviceman Pension Book,

(xvi)

CSD Canteen Card issued for ex-soldiers,

(xvii) School Leaving Certificate / Original Degree / Mark Sheet, (xviii) Pension Payment Order, (xix)

Ex-Servicemen's widow / Dependent Certificate. The Commission is pleased to note that the use of identity cards at the

above election to the Haryana Legislative Assembly proved to be thumping success and the State of Haryana gave a lead to the nation by being the first of the major States in the country to use these cards.

135

STATE ASSEMBLY ELECTIONS

3.

MANIPUR LEGISLATIVE ASSEMBLY The term of the Manipur Legislative Assembly was to expire on 21st March,

2000. The Commission decided to hold General Elections to the State Legislative Assembly along with the General Elections to Bihar, Haryana and Orissa Legislative Assemblies. The Commission decided to have two-day poll in the State, with minimum period of campaign. Accordingly, the Commission recommended to the Governor of Manipur to issue two separate notifications for the assembly constituencies comprising in each of the two parliamentary constituencies in the State under section 15 of the Representation of the People Act, 1951 as per the following schedules : Schedule I (a) Dates of issue of Governor's notification 17.01.2000 calling the general election (b) Last dates for making nominations

(c) Dates for scrutiny of nominations

(d) Last dates for the withdrawal of candidatures (e) Dates of poll

(f) Dates before which the elections shall be completed (g) Hours of poll

Schedule II 27.01.2000

(Monday)

(Thursday)

24.01.2000

03.02.2000

(Monday)

(Thursday)

25.01.2000

04.02.2000

(Tuesday)

(Friday)

27.01.2000

07.02.2000

(Thursday)

(Monday)

12.02.2000

22.02.2000

(Saturday)

(Tuesday)

08.03.2000

08.03.2000

(Wednesday) (Wednesday) 7.00 A.M. to 4.00 P.M.

The list of constituencies on each poll day is given at Appendix.

136

MAJOR EVENTS & NEW INITIATIVES

2.

The process of filing nomination papers started on 17th February, 2000 in

respect of 28 assembly constituencies comprised within 2-Outer Manipur (ST) Parliamentary Constituency. In respect of remaining 32 Assembly Constituencies comprised within 1-Inner Manipur Parliamentary Constituency the process of filing of nomination papers started on 27th January, 2000. A total of 422 nominations were filed. One nomination was rejected at the time of scrutiny while 20 candidates withdrew their nominations. Thus, there were 401 contesting candidates for 60 Assembly Constituencies. 3.

The election in 55-Tipaimukh (ST) Assembly Constituency was

countermanded due to the death of contesting candidate sponsored by Janata Dal (United). The poll from this constituency was re-scheduled and held on 8th March, 2000. The poll in this constituency passed off peacefully, except in one polling station in which a re-poll was held on 13th March, 2000. 4.

The Commission appointed four General Observers and two Expenditure

Observers to oversee the election process, monitoring the expenditure by contesting candidates. In addition to this, five more Observers were appointed to oversee the counting of votes. 5.

The Commission issued instructions for effective deployment of para

military forces. It allowed the deployment of Ex-servicemen, retired policemen including retired members of the para military forces during the last five years, Forest Guards and Home Guards. 6.

In view of law and order situation prevailing in the hill districts of Manipur

and taking into account the poll boycott called by the underground outfit and other factors, the Commission allowed the Assistant Returning Officers of 17 Assembly Constituencies to function from their Headquarters to receive nomination papers etc. for smooth and peaceful poll.

137

STATE ASSEMBLY ELECTIONS

No. & Name of Assembly Constituency

Returning Officer/Assistant Returning Officer

41 - Chandel (ST) 42 — Tengnoupal (ST)

Addl. Deputy Commissioner, Moreh

43 - Phungyar (ST) 44 - Ukhrul (ST) 45 - Chingai (ST)

Addl. Deputy Commissioner, Ukhrul

47 - Karong (ST) 48 - Mao (ST) 49 - Tadubi (ST)

Sub Divisional Officer, Paomata

52 - Tamei (ST) 53 - Tamenglong (ST) 54 - Nungba (ST)

Additional District Magistrate, Tamenglong

Kakchng Morang

Sub Divisonal Officer, Kakching Sub Divisional Officer, Moirang

Sawombubg Keirao Bitra

Sub Divisional Officer Sub Divisional Officer

Lamsang Wangoi

Sub Divisional Officer Sub Divisional Officer

7.

The NSCN (IM), an underground outfit active in hill districts of Manipur,

gave a call for boycott of the poll. The public did not adhere to the boycott and there was a very high turnout of voters recorded in all the polling stations in the five hill districts of Manipur. However, there were few incidents of ballot papers and ballot boxes snatched by the armed militants leading to re-poll in 136 polling stations of 26 Assembly Constituencies. 8.

The total electorate was 14,15,895. 2001 polling stations were set up for

casting votes by voters. The poll percentage was 85.67% for 58 Assembly Constituencies. 9.

The counting of votes was taken up on 25th February, 2000 in respect of

58 constituencies. The adjourned poll in 55-Tipaimukh (ST) Assembly

MAJOR EVENTS & NEW INITIATIVES

138

constituency and repoU in 57-Henglep (ST) Assembly constituency were held on 8th March, 2000. The counting of votes in respect of these two constituencies was taken up on 10th March, 2000. All the results were declared. The number of seats won by various parties was as under : Party

No. of Seats contested

National Parties Bharatiya Janata Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal (Secular) Janata Dal (United) Nationalist Congress Party State Parties FPM Manipur People Congress MSCP Rashtriya Janata Dal RSP

Samata Party

39 15 ' 04 47 08 18 41

39 29 57 15 03 36

No. of Seats won

06 00 00 11 01 01 05

06 04 23 01 00 01

Registered (Unrecognised) Parties

KNA National People's Party Independents Total 10.

01 01 48

00

401

60

00 01

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of 58 elected members and their party affiliation was issued on 1st March, 2000.

139

STATE ASSEMBLY ELECTIONS

Appendix GENERAL ELECTION TO MANIPUR LEGISLATIVE ASSEMBLY 2000 LIST OF ASSEMBLY CONSTITUENCIES

PoU Day I (Date of poll 12.2.2000) 33

— Heirok

34

— Wabgubg Tentha

35

— Khangabo

36

-

37 38

— Kakching — Hiyanglam

39

— Sugnoo

40

— Jinbam

41

-

Chandel (ST)

42

-

Tegnoupal (ST)

43

-

Phungyar (ST)

44 45

Ukhrul (ST) — Chingai (ST)

46

-

Saikul (ST)

47

-

Karong (ST)

48

-

Mao (ST)

49

-

Tadubi (ST)

50

— Kangpokpi

51 52

-

Saitu (ST) Tamei (ST)

53

-

Tamenglong (ST)

54

-

Nungba (ST)

55

— Tipaimukuh (ST)

56

— Thanion (ST)

57

-

58 59

— Churachandpur (ST) Saikot (ST)

60

-

Wabgai

Henglep (ST)

Singhat (ST)

PoU Day II (Date of poU 22.2.2000) 1 2 3

— — -

Kundrakpam Heingang Khural

4 5 6 7 8 9 10 11

— — — — — — —

Khetrigao Thongju Keirao Andro Lamlai Thangmeiband Uripok Sagolband

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

— — — — — — — — — — — — — — — —

Keisamthong Singjamei Yaiskul Wangkhei Sekmai (SC) Lamsang Konthoujam Patsoi Lanthabal Naoriya Pakhangiakpa Wangoi Mayang Imphal Namboi Oinam Bishenpur Moirang Thanga Kumbi Lilong Thoubai Wangkhem

MAJOR EVENTS & NEW INITIATIVES

140

4. ORISSA LEGISLATIVE ASSEMBLY The term of the Orissa Legislative Assembly was to expire on 22nd March, 2000. The Commission decided to hold general election to the State Assembly along with the general elections to Bihar, Haryana and Manipur Legislative Assemblies. The Commission decided to have two-day poll in the State, with minimum period of campaign. Accordingly, the Commission recommended to the Governor of Orissa to issue two separate notifications under section 15 of the Representation of the People Act, 1951 as per the following Schedules :

(a) Dates of issue of Governor's notification calling the general election (b) Last dates for making nominations

(c) Dates for Scrutiny of nominations

(d) Last dates for the withdrawal of candidatures (e) Dates of poll

(f) Dates before which the elections shall be completed (g) Hours of poll

Schedule I

Schedule II

24.01.2000

27.01.2000

(Monday)

(Thursday)

31.01.2000

03.02.2000

(Monday)

(Thursday)

01.02.2000

04.02.2000

(Tuesday)

(Friday)

03.02.2000

07.02.2000

(Thursday)

(Monday)

17.02.2000

22.02.2000

(Thursday)

(Tuesday)

08.03.2000

08.03.2000

(Wednesday) (Wednesday) 8.00AM to 5.00PM

The details of the constituencies, which went for poll in two different phases, are given in Appendix. 2.

The process of filing nomination papers started on 24 th January, 2000

Number of nominations filed was 1026. 78 nominations were rejected while 80 nominations were withdrawn. There were 868 contesting candidates for 147 seats in the State Legislative Assembly.

STATE ASSEMBLY ELECTIONS

3.

The Commission appointed 42 General Observers and 21 Expenditure

Observers to oversee election process, monitoring the expenditure by contesting candidates and political parties. The Commission also appointed 7 additional observers for counting of votes. 4.

The Commission issued instructions for effective deployment of para

military forces. It allowed the deployment of Ex-servicemen, retired policemen including retired members of the para military forces during the last five years, Forest Guards and Home Guards. 5.

The law and order situation was by and large peaceful. Number of people

killed, injured etc. during the poll was as under : (i)

Number of killed in the violence

Nil

(ii) Number of people injured in the violence

101

(iii) Number of persons arrested in connection

86

with violent incidents 6.

The Commission decided to use Electronic Voting Machines in 10 assembly

constituencies out .of 147 assembly constituencies. 7.

The total electorate was 2,41,88,320. 30,015 polling stations were set up

for casting votes by voters. The poll was by and large peaceful. However, re-poll was held in 9 polling stations in 7 assembly constituencies. 8.

The counting of votes was taken up on 25th February, 2000. All the results

were declared by 27th February, 2000. The number of seats won by various parties was as under:

MAJOR EVENTS & NEW INITIATIVES

142

No. of Seats contested

Party

National Parties Bharatiya Janata Party Bharatiya Samajwadi Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal (Secular) Janata Dal (United) Nationalist Congress Party

No. of Seats won

063 105 029 015 145 024 008 031

38 00 01 01 26 01 00 00

036 084 006 001 021

State Parties All India Trinamool Congress Biju Janata Dal Communist Party of India (ML) (L) All India Forward Block Jharkhand Mukti Morcha Rashtriya Janata Dal Revolutionary Socialist Party Samata Party Shiv Sena SJP (R) Samajwadi Party Registered (Unrecognised) Parties Ajeya Bharat Party Bharipa Bahujan Mahasangha Bira Oriya Party Jharkhand Party Orissa Communist Party Proutist Sarva Samaj Samiti Samajwadi Jan Parishad

004 004

01 68 00 00 03 00 00 04 00 00 00

001 008 003 004 001 003 001

00 00 00 00 00 00 00

Independents

236

08

Total

868

147

9.

004 001 004 016

The Commission's 'Due Constitution' notification under section 73 of the

Representation of the People Act, 1951, notifying the names of the elected members and their party affiliations was issued on 29th February, 2000.

143

STATE ASSEMBLY ELECTIONS

Appendix

GENERAL ELECTION TO ORISSA LEGISLATIVE ASSEMBLY LIST OF CONSTITUENCIES THIRD POLL DAY - 22.02.2000 •

...

1 66 80 81 82 83 84 85

86 87 88

1

89 90

i ^ 92 1 i i

I 1

93 94 95

96 97 98

99 100 101 102 103 104 105 106 107 108 109 110 111 _

_ -

Karanjia (ST) Bhanjanagar Gunupur (ST) Bissam-Cuttack (ST) Rayagada (ST) Lakshmipur (ST) Pottangi (ST) Koraput Malkangiri (SC) Chitrakonda (ST) Kotpad (ST)

_ — _ _ — -

Jeypore Nowrangpur Kodinga (ST) Dabugam (ST) Umarkote (ST) Nawapara Khanar Dharangarh (SC) Koksara Junagarh Bhawanipatna (SC) Narla (ST) Kesinga Balliguda (ST) Udayagiri (ST) Phulbani (SC) Boudh Titilagarh (SC) Kantabanji Patnagarh Saintala Loisingha Bolangir

_

•

112 113 114 115 116 117 119 120

121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147

_ _ _ — _ _ _ _ _ -

Sonepur (SC) Binka Birmaharajpur Athmalik Angul Hindol (SC) Gondia Kamakhyanagar Pallahara Talcher (SC) Padampur Melchhamunda Bijepur Bhatli (SC) Bragarh Sambalpur Braiaraninagar Jharsuguda Laikera (ST) Kuchinda (ST) Rakakhol (SC) Deogarh Sundargarh Talsara Raigangpur (ST) Biramitrapur (ST) Rourkela Raghunathpali (ST) Bonai (ST) Champua (ST) Patna (ST) Keonjhar (ST) Telkoi (ST) Ramachandrapur Anandpur (SC) . M

M

1 1 * *

•—"-*•"

»,-*.»r

"

\ ^ ^

/

1

1

j_^

1

|

MAJOR EVENTS & NEW INITIATIVES

144

SECOND POLL DAY - 22.02.2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

— —• — — — — — — — — — — — — — — —

Jashipur (ST) Bahalda (ST) Rairangpur (ST) Bangriposi (ST) Muliana (ST) Baripada Baisinga (ST) Khunta (ST) Udala (ST) Bhograi Jaleswar Basta Balasore Soro Simulia Nilgiri Bhandaripokhari (SC) Bhadarak Dhamnagar Chandbali (SC) Basudevpur Sukinda Korai

25

-

Jajpur (SC)

26 27 28 29 30 31 32 33 34

— Dharamsala — Barchana — Bari-Derabisi — Binjharpur (SC) Aul — Patamundai (SC) — Rajnagar — Kendrapara — Patkura Tirtol — Essama — Balikuda — Jagatsinghpur (SC) — Kissannagar — Mahanga

35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 67 68 69 70 71 72 73 74 75 76 77 78 79

— — — — — — — —

Salepur (SC) Gobindpur Cuttack Sadar Cuttack City Choudwar Banki Athgarh Baramba Balipatna (SC) Bhubaneswar

-

Jatni

Pipli — Nimapara (SC) — Kakatpur — Satyabadi Puri — Brahmagiri Chilka — Khurda — Begunia — Ranpur — Nayagarh — Khandapara — Daspalla — Jaganathprasad (SC) — Suruda Aska — Kavisuryanagar — Kodala Khallikote — Chatrapur Hinjili — Gopalpur (SC) — Berhampur Chilkati — Mohana Ramagiri (ST) — Parlakhemundi

CHAPTER VI

T H E PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS, 1997

Introductory 1.1

The superintendence, direction and control of the preparation of the list

of members of the electoral colleges for the Presidential and Vice-Presidential elections, and the conduct of elections to these high offices are vested in the Election Commission under the Constitution (Article 324). 1.2

Sub-section (3) of section 4 of the Presidential and Vice-Presidential

Elections Act, 1952 requires that in the case of an election to fill a vacancy caused by the expiration of the term of office of the President or Vice- President, the notification appointing dates for the election be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing President or Vice-President, as the case may be, and the dates shall be so appointed that the election will be completed at such time as will enable the President or the Vice-President thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing President or Vice-President, as the case may be.

146

MAJOR EVENTS & NEW INITIATIVES

CHANGES IN THE LAW Change in Electoral College for the Presidential Election 2.1

Under Article 54 of the Constitution, the electoral college for the

Presidential election previously consisted of the elected Members of both Houses of Parliament and of the Legislative Assemblies of only the States (and not of any Union Territory). 2.2

Parliament made an amendment to the Explanation below Article 54 of

the Constitution vide Section 2 of the Constitution (Seventieth Amendment) Act, 1992. The amended Explanation is as under: "Explanation: - In this article and in article 55, "State" includes the National Capital Territory of Delhi and the Union Territory of Pondicherry". This amendment came into force with effect from 18th June, 1995 vide Notification G.S.R.No. 375(E) dated 2nd May, 1995, issued by the Ministry of Law, Justice & Company Affairs. 2.3

The electoral college for the Presidential Election shall now consist of (a)

the elected Members of both Houses of Parliament, (b) the elected Members of the Legislative Assemblies of all States, and (c) the elected Members of the Legislative Assemblies of NCT of Delhi and Union Territory of Pondicherry. Increase in the Number of Proposers and Seconders and Security Deposit Amount 3.

The experience of the past elections to the offices of the President and Vice-

President, held from 1952 onwards, had revealed that certain persons offered themselves as candidates for these highest elective offices, without even the slightest chance of getting elected. In order to bring sanctity to the electoral process for these highest elective offices, an amendment to the Presidential and VicePresidential Elections Act, 1952 was made by the Presidential and Vice-Presidential Elections (Amendment) Ordinance, 1997. This amendment to the Act was to die effect: -

THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS, 1997

(a)

In the case of the Presidential Election, the. number of proposers and seconders for any nomination paper was increased from ten proposers to fifty proposers and from ten seconders to fifty seconders.

b)

In the case of Vice-Presidential Election, the number of proposers and seconders for any nomination paper was likewise increased from five proposers and five seconders to twenty five proposers and twenty five seconders.

c)

The amount of security was increased from Rs. 2,500/- to Rs. 15,000/-.

PRESIDENTIAL ELECTION 1997 1.

Article 52 of the Constitution provides that there shall be a President of

India. The term of his office shall be five years. 2.1

As stated earlier, the electoral college for the Presidential election consists

of (a) the elected Members of both Houses of Parliament, (b) the elected Members of the Legislative Assemblies of all States, and (c) the elected Members of the Legislative Assemblies of the NCT of Delhi and the Union Territory of Pondicherry. The nominated Members of Parliament and State Legislative Assemblies are not entitled to vote at the Presidential election. The election is held under the system of proportional representation by means of the single transferable vote. 2.2

The total electoral college for the Presidential Election, 1997 was as

follows:Rajya Sabha Lok Sabha Legislative Assemblies 3.1

233 543

4,072

Article 55 of the Constitution provides that there shall be uniformity, as

far as practicable, in the scale of representation of the different States and party between the States as a whole and the Union at the Presidential election. For securing such uniformity among the States inter-se as well as parity between the States as a whole and the Union, a formula is given in the Constitution, mainly

-J47

148

MAJOR EVENTS & NEW INITIATIVES

based on the population of the State, for determination of the value of vote which each elected Member of Parliament and of the Legislative Assembly of each State is entitled to cast. An illustration of that formula is given below:IUusttation Total population of Andhra Pradesh (1971* census): Total number of elective seats in the State Assembly: Value of votes of each member of the State Assembly:

43,502,708 294 43,502,708 1000 x 294 = 147.96 or 148

* Till the first census after the year 2000, population for the purposes of Article 55 is to be taken as the 1971—census population under the provision of the Constitution (Fortysecond Amendment) Act, 1976. Total value of votes of all members of each State Assembly is worked out, by multiplying the number of elective seats in the Assembly by the value of votes for each member, e.g., 294 x 148 = 43,152 for Andhra Pradesh. The total value t

of votes of all the States, added together, is divided by the total number of elected Members of Parliament [Lok Sabha 543 + Rajya Sabha 233] to get the value of votes of each Member of Parliament. 3.2

A statement showing the value of votes of elected Members of the State

Legislative Assemblies and both Houses of Parliament is given in Appendix I. 4.

The Presidential Election, 1997 was the eleventh in its series, beginning

from the first election in 1952. The term of office of Dr. Shankar Dayal Sharma, who entered upon his office on 25.07.1992, was to expire on 24.07.1997. Thus, it was necessary to hold an election to fill the vacancy before the expiration of his term, as contemplated by Article 62 of the Constitution.

THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS, 1997

149

The information about the ten earlier Presidential Elections is as follows:-

5.

Year in which election held

Contestants

Date on which entered upon office

Elected candidate

1952

5

Dr. Rajendra Prasad

13.05.1952

1957

3

Dr. Rajendra Prasad

13.05.1957

1962

3

Dr. S Radhakrishnan

13.05.1962

1967

17

Dr. Zakir Hussain

13.05.1967

1969

13

Shri V V Giri

24.08.1969

1974

2

Shri Fakhruddin Ali Ahmed

24.08.1974

1977

1

Shri Neelam Sanjiva Reddy

25.07.1977

1982

2

Gyani Zail Singh

25.07.1982

1987

3

Shri R Venkataraman

25.07.1987

1992

4

Dr. Shankar Dayal Sharma

25.07.1992

6.

Shri S. Gopalan, Secretary-General to the Lok Sabha, was appointed as the

Returning Officer. The Secretary/Special Secretary of the Legislative Assembly of each State was appointed as Assistant Returning Officer in State capital. 7.

Under section 4(1) of the Presidential and Vice-Presidential Elections Act,

1952, the Election Commission, by notification in the Gazette of India dated 9th June, 1997, appointed the following time-table for the election: (a)

Last date for making nominations

23.06.1997 (Monday)

(b)

Date for scrutiny of nominations

24.06.1997 (Tuesday)

(c)

Last date for the withdrawal of candidatures

26.06.1997 (Thursday)

(d)

Date on which a poll shall, if necessary, be taken 14.07.1997 (Monday)

8.

Parliament House (Room No. 63), New Delhi and the Assembly buildings

in each State capital were appointed as the places for taking the poll. Normally,

150

MAJOR EVENTS & NEW INITIATIVES

the Members of Parliament were required to vote in Parliament House, New Delhi and the Members of the State Legislative Assemblies at the places provided in the State capitals concerned. The Commission, however, made special provision that any Member of Parliament who was entitled to vote at New Delhi could be permitted to vote at any State capital on a request from him. Similar facility was also extended to the Members of State Legislative Assemblies, and a Member of State Legislative Assembly entitled to vote at the State capital could be permitted to vote at New Delhi. 9.

The Commission fixed the hours of poll from 10.00 A.M. to 5.00 P.M. at

all places of poll. 10.

The number of persons who filed their nominations for the Presidential

election was quite large. In all, 62 nomination papers from 47 persons were received. Out of 62 nomination papers, 16 nomination papers of 4 persons were rejected straightaway under section 5B(4) of the Presidential and Vice-Presidential Elections Act, 1952, as they were not accompanied by the requisite certified copy of the entry relating to the candidate in the electoral roll. Each nomination paper was required to be subscribed by a minimum of 50 electors as proposers and 50 electors as seconders for every candidate. A security deposit of Rs. 15,000/- was also required to be made. On the date of scrutiny, nomination papers of another 41 persons were rejected. Only the nomination papers in respect of two candidates, viz., Shri T.N.Seshan (one nomination paper) and Shri K. R. Narayanan (4 nomination papers), were found valid. Thus, only two candidates remained in the field. As neither of them withdrew from the contest, a poll became necessary. 11.

The poll was held on 14.07.1997, as scheduled. 734 out of 776 Members

of Parliament and 3,908 out of 4,072 Members of the State Legislative Assemblies voted at the election. 12.

On completion of poll in each State, the sealed ballot box, the sealed cover

containing the key of the ballot box and other papers relating to the election were despatched by the respective Assistant Returning Officers at the State capitals to the Returning Officer at New Delhi through a special messenger. All the ballot boxes were stored in Parliament House under strict security arrangements, pending counting.

THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS, 1997

13.

The counting of votes was taken up, as scheduled, on 17.07.1997 at 11.00

A.M. at Parliament House, New Delhi.

171 ballot papers - 32 of Members of

Parliament and 139 of Members of State Legislative Assemblies - were found invalid, representing 40,344 votes. The value of valid votes polled by the contesting candidates was as follows: -

14.

1.

Shri K.R.Narayanan

2.

Shri T.N.Seshan

9,56,290 50,631

The announcement of the election of Shri K.R.Narayanan as President of

India was signed by the Chief Election Commissioner of India, on behalf of the Election Commission of India, on 22.07.1997. The announcement was read out by the Union Home Secretary as the first step at the time of assumption of office by the President-elect on 25th July, 1997.

VICE-PRESIDENTIAL ELECTION, 1997 1.

Article 63 of the Constitution of India provides that there shall be a Vice-

President of India. Under Article 66 of the Constitution, the Vice-President shall be elected by the members of an electoral college consisting of the Members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. Nominated Members of both Houses are also entitled to vote. The term of office of the Vice-President is five years. 2.

The Vice-Presidential Election, 1997 was the eleventh in its series, beginning

with the first election in 1952. The term of Shri K.R.Narayanan, who entered upon his office as Vice-President on 21.8.1992 was normally to expire on 20.8.1997, making it necessary to hold an election to fill the vacancy before the expiration of his term, as contemplated by Article 68 of the Constitution.

MAJOR EVENTS & NEW INITIATIVES

152

3.

The information about the ten earlier Vice-Presidential elections is as

follows : Year in which election held

Total number of members in the electoral college

Contestants

1952

715

1

Dr. S. Radhakrishnan

13.05.1952

1957

735

1

Dr. S. Radhakrishnan

13.05.1957

1962

745

2

Dr. Zakir Hussain

13.05.1962

1967

749

2

Shri V. V. Giri

13.05.1967

1969

759

6

Shri G. S. Pathak

31.08.1969

1974

767

2

Shri B. D. Jatti

31.08.1974

1979

788

1

Shri Mohammad Hidayatullah

31.08.1979

1984

789

2

Shri R.Venkataraman

31.08.1984

1987

790

1

Dr. Shankar Dayal Sharma

03.09.1987

1992

790

2

Shri K. R. Narayanan

21.08.1992

4.

Date on which entered upon office

Elected candidate

Under rule 40 of the Presidential and Vice-Presidential Elections Rules,

1974, the Commission is required to maintain a list of members of the electoral college, referred to in Article 66, with addresses corrected up to date. The list contains the names of Members (both elected and nominated) of the Rajya Sabha and of the Lok Sabha in that order. The total number of members in the electoral college for the Vice-Presidential election in 1997 was as indicated below : Rajya Sabha

Elected Nominated

233 3

Lok Sabha

Elected

543

Nominated

2

THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS, 1997

5.

153

Shri R. C. Tripathy, Secretary, Ministry of Parliamentary Affairs, was

appointed as Returning Officer for the election. It was the first time that an officer other than the Secretary/Secretary General of the Lok Sabha or Rajya Sabha was appointed as the Returning Officer for the Vice-Presidential election. Shri Devraj Tiwari, Joint Secretary, Ministry of Parliamentary Affairs, was appointed as Assistant Returning Officer. 6.

Under section 4(1) of the Presidential and Vice-Presidential Elections Act,

1952, the Election Commission, by notification in the Gazette of India dated 15th July, 1997, appointed the following calendar for the election: (a)

Last date for making nominations

29.07.1997 (Tuesday)

(b)

Date for scrutiny of nominations

30.07.1997 (Wednesday)

(c)

Last date for the withdrawal of candidatures

01.08.1997 (Friday)

(d)

Date on which a poll shall, if necessary, be taken

16.08.1997 (Saturday)

7.

The Election Commission fixed Room No. 63, First Floor, in Parliament

House, New Delhi as the place of poll. The hours of poll were fixed from 10.00 A.M. to 5.00 P.M. 8.

The total number of nomination papers filed before the Returning Officer

was 36 by 13 persons.

31 nomination papers of 11 persons were rejected. The

Returning Officer accepted 5 nomination papers of Shri Krishan Kant and Shri Surjit Singh. There was no withdrawal of candidatures and so it became necessary to take a poll. 9.

The poll was taken on 16th August, 1997, as scheduled. The total number

of members of the electoral college for the Vice-Presidential election was 781. Out of this, 760 cast their votes. Each ballot paper represented only one vote in this election. 10.

The counting of votes began at 6.00 P.M. on 16th August, 1997- one hour

after the completion of poll. This gap of one hour was necessary to complete procedural formalities before the commencement of counting. 46 votes were found

154

MAJOR EVENTS & NEW INITIATIVES

invalid. The number of valid votes polled by the two contesting candidates was as follows: 1.

Shri Krishan Kant

411

2.

Shri Surjit Singh

273

The quota sufficient to secure the return of a candidate at this election was 358. Shri Krishan Kant having secured more votes than the quota was declared elected. The announcement of election was signed by the Chief Election Commissioner of India on 16th August, 1997 on behalf of the Election Commission. Shri Krishan Kant assumed office on 21st August, 1997.

CHAPTER VII

BYE-ELECTIONS TO LOK SABHA AND LEGISLATIVE ASSEMBLIES

- 1997

TO

2000

The casual vacancies arise in both Houses of Parliament, State Legislative Assemblies and State Legislative Councils due to death, resignation or seat becoming vacant or being declared vacant or the election to the House being declared void. The Election Commission takes steps to hold the bye-election as soon as practicable, in case no Election Petition or Election Appeal is pending either in the High Court concerned or Supreme Court, in which a declaration has been sought that some candidate, other than the member whose death, resignation, etc., has caused the vacancy was elected at the main election. These bye-elections are called by the Election Commission under section 147 (to the Council of States), section 149 (to the House of the People), section 150 (to the State Legislative Assembly) and section 151 (to a State Legislative Council) of the Representation of the People Act, 1951. 2.

A new section 151A has been inserted in the Representation of the People

Act, 1951 in 1996: "151 A. - Time limit for filling vacancies referred to in sections 147, 149, 150 and 151. - Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:

MAJOR EVENTS & NEW INITIATIVES

Provided that nothing contained in this section shall apply if(a)

the remainder of the term of a member in relation to a vacancy is less than one year; or

(b)

the Election Commission in consultation with the Central Government certified that it is difficult to hold the bye-election within the said period."

Bye-election in 1997 3.

Keeping in view the above statutory provisions, the Commission decided

in December, 1996 to hold bye-elections from 4 Parliamentary constituencies, and 18 Assembly constituencies of various Legislative Assemblies, as per the following programme: (a)

Date of issue of notification

13.01.1997 (Monday)

calling for the bye-election

3.1

(b)

Last date for making nominations

20.01.1997 (Monday)

(c)

Date for scrutiny of nominations

21.01.1997 (Tuesday)

(d)

Last date for withdrawal of candidatures

23.01.1997 (Thursday)

(e)

Date of poll

06.02.1997 (Thursday)

(f)

Date before which election shall be completed

12.02.1997 (Wednesday)

In respect of the aforesaid bye-elections to the Andhra Pradesh Legislative

Assembly, the programme was slightly modified, as 13.01.1997 was a public holiday in the State. However, the date of poll was fixed as 6.02.1997. 3.2

Subsequently, the Commission decided to hold further bye-elections to fill

seven more casual vacancies in the Legislative Assemblies of Bihar, Gujarat and Jammu & Kashmir as per the following programme: (a)

Date of issue of notification calling the election

12.03.1997 (Wednesday)

(b) Last date for making of nominations

19.03.1997 (Wednesday)

(c) Date for scrutiny of nominations

20.03.1997 (Thursday)

(d) Last date for withdrawal of candidatures

22.03.1997 (Saturday)

(e) Date of poll

05.04.1997 (Saturday)

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

3.3

J57

In the same year i.e., 1997, the Commission further decided to hold 3 more

bye-elections to Lok Sabha from 11-Ernakulam, 10-Aska and 4-East Delhi Parliamentary Constituencies in the States of Kerala, Orissa and NCT of Delhi respectively. Simultaneously, the Commission also filled 9 more casual vacancies in the Legislative Assemblies of Andhra Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Orissa and Punjab as per the following programme :(a)

3.4

Date of issue of notification calling the election

5.06.1997

(b) Last date for making nominations

12.05.1997

(c) Date for scrutiny of nominations

1.01.1997

(d) Last date for withdrawal of candidatures

15.05.1997

(e) Date of poll

29.05.1997

(f) Date before election to be completed

04.06.1997

In all, 7 bye-elections to Lok Sabha and 30 bye-elections to the State

Legislative Assemblies were held by the Commission, during 1997. All the byeelection were completed peacefully. The details of constituencies, which went to polls and the details of candidates elected during the bye-elections are given in Appendix-I. 4.

Under clause (b) of the proviso to section 151A of the Representation of

the People Act, 1951, the Commission is required to give a certificate in consultation with the Central Government, in case the bye-election is not 'held within six months from the date of occurrence of the vacancy, that it is difficult to hold the bye-election within the stipulated period of six months.

The

Commission had ordered on 31.7.1997, revision of electoral rolls with reference to 1.1.1998 as the qualifying date. It was decided to hold the bye-elections then pending after the revision was over. Accordingly, the Commission issued a certificate in respect of the following vacancies in 1997 : -

MAJOR EVENTS & NEW INITIATIVES

158

Name of the State

SI. No. & Name of the Constituency

Date of vacancy

Date before which the bye-election is to be held

1. Haryana

78-Fatehabad

13.05.97

12.11.97

2. Pondicherry

16-Ossudu (SC)

23.05.97

22.11.97

3. Karnataka

100-Anekal (SC)

25.05.97 :

24.11.97

4. Kerala

62-Mala

29.05.97

28.11.97

5. NCT of Delhi

50-Ghonda

10.06.97

09.12.97

6. Karnataka

174-Dharwad Rural

24.06.97

23.12.97

Bye-elections in 1998 5.

After the mid-term general election to the House of the People held in

February-March, 1998, the Election Commission decided to hold bye-elections to 50 vacant Assembly seats in various State Legislative Assemblies in April, 1998. The Commission also decided to hold bye-election from Tarn Taran Parliamentary Constituency in the State of Punjab. This seat became vacant under Article 101(2) of the Constitution read with the provisions contained in Rule 2 of the Prohibition of Simultaneous Membership Rules, 1950 as the elected member from the Parliamentary constituency, who was then a sitting Member of the Legislative Assembly of Punjab, did not resign from the membership of the Assembly. The programme of bye-elections was as under :(a)

5.1

Date of issue of notification calling the election

09.05.1998 (Saturday)

(b) Last date for making nominations

16.05.1998 (Saturday)

(c)

Date for scrutiny of nominations

18.05.1998 (Monday)

(d)

Last date for withdrawal of candidatures

20.05.1998 (Wednesday)

(e)

Date of poll

03.06.1998 (Wednesday)

Subsequently, towards the end of the year 1998, the Commission decided

to hold bye-election to Lok Sabha from 23-Broach Parliamentary constituency in

159

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

Gujarat and bye-elections to fill 14 vacant seats in the various State Legislative Assemblies, along with the General Elections to the Legislative Assemblies for the States of Madhya Pradesh, Rajasthan, Mizoram and the National Capital Territory of Delhi. The bye-elections were held as per the following programme:(a)

5.2

Date of issue of notification calling the election

30.10.1998 (Friday)

(b) Last date for making nominations

06.11.1998 (Friday)

(c)

07.11.1998 (Saturday)

Date for scrutiny of nominations

(d) Last date for withdrawal of candidatures

09.11.1998 (Monday)

(e)

25.11.1998 (Wednesday)

Date of poll

To sum up, the Commission held bye-elections from two Lok Sabha

constituencies and sixty three Assembly constituencies in 1998. The details of constituencies and the candidates elected are given in Appendix II.

MAJOR EVENTS & NEW INITIATIVES

160

ADJOURNED POLLS & BYE-ELECTIONS 1999

Adjourned Polls 6.

In the General Elections held to State Legislative Elections in November,

1998, polls in three constituencies in Rajasthan x'vz. 149 - Kumbalgarh, 150 - Bhim and 200 - Mundwa and 25 - Nangloi Jat constituency in National Capital Territory of Delhi were adjourned due to the death of contesting candidates. These polls were completed as per the following programme:Schedule for adjourned polls : Rajasthan

NCT of Delhi

-

06.02.99 (Saturday)

1.

Date for scrutiny of nomination of substitute candidate

2.

Last date for the withdrawal of

08.02.99

candidature of substitute candidate

(Monday)

3.

4.

Date of poll

22.02.99

22.02.99

(Monday)

(Monday)

Date before which the election shall

26.02.99

26.02.99

be completed

(Friday)

(Friday)

In the case of poll from these constituencies of Rajasthan, no substitute candidate was nominated. Poll in all the constituencies was completed peacefully. 6.1

During the General Election to the Andhra Pradesh Legislative Assembly

held in September, 1999, the poll from 246 - Sirpur Assembly Constituency was adjourned due to the death of a contesting candidate sponsored by Telugu Desam Party. The Commission decided to hold the adjourned poll as per the following programme :-

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

1.

Late date for making nomination of substitute candidate

2.

Date for the scrutiny of nomination of substitute candidate

3.

4.

03.12.99 (Friday)

04.12.99 (Saturday)

Last date for withdrawal of candidature of substitute candidate

6.12.99 (Monday)

Date of poll

20.12.99 (Monday)

5.

Date before which the election shall be completed Bye-elections 7.

28.12.99 (Tuesday)

The Commission also held bye-elections to seven assembly constituencies

in the States of Gujarat, Madhya Pradesh, Mizoram, Rajasthan and NCT of Delhi, with the following programme :-

8.

1.

Date of issue of notification

29.01.99 (Friday)

2.

Last date for filing nomination

05.02.99 (Friday)

3.

Date for scrutiny of nominations

06.02.99 (Saturday)

4.

Last date for the withdrawal for candidatures

08.02.99 (Monday)

5.

Date of poll

22.02.99 (Monday)

6.

Date before which the election shall be completed

26.02.99 (Friday)

'

Shri Giridhar Gomang, Chief Minister of Orissa was not a member of

Orissa Legislative Assembly and he was required to be a member of that assembly by 16th August, 1999 i.e. within six months of his assumption of office as Chief Minister on 17th February, 1999 under article 164 (4) of the Constitution, for continuing as the Chief Minister. The State Government requested the Commission to hold a bye-election from 83-Laxmipur (ST) assembly constituency to enable the Chief Minister of the State, Shri Giridhar Gomang to contest election

MAJOR EVENTS & NEW INITIATIVES

therefrom to the Orissa Legislative Assembly. There were four vacancies in the Orissa Legislature from 20 - Tamnagar, 83 - Laxmipur (ST), 92 - Dabugaon (ST) and 87 - Chitragonda (ST) constituencies. The Commission taking into account all relevant facts and the long standing convention decided that it would be appropriate to consider the request of the Orissa Government and to give an opportunity to the Chief Minister Shri Giridhar Gomang to present himself before the people and seek their mandate through a bye-election. Accordingly, the byeelection from 83-Laxmipur (ST) assembly constituency in Orissa was held as per the following programme :-

9.

1.

Date of issue of notification

28.05.99 (Friday)

2.

Last date for making nominations

04.06.99 (Friday)

3.

Date for scrutiny of nominations

05.06.99 (Saturday)

4.

Last date for the withdrawal of candidatures

07.06.99 (Monday)

5.

Date of poll

21.06.99 (Monday)

6.

Date before which election shall be be completed

28.06.99 (Monday)

The Commission announced revised schedule for holding General Elections

to Lok Sabha and a few State Legislative Assemblies on 3rd August, 1999. The Commission also decided to hold bye-elections to fill 17 casual vacancies in a few State Legislative Assemblies simultaneously with the General Elections. 10.

To sum up, the Commission held adjourned poll from five assembly

constituencies and bye-elections from 25 assembly constituencies in 1999. The details of constituencies and the candidates elected are given in appendix III.

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

163

Appendix I

DETAILS OF BYE-ELECTIONS HELD TO LOK SABHA AND STATE LEGISLATIVE ASSEMBLIES IN 1997 Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

LOK SABHA Date of Poll : 06.02.1997 Madhya Pradesh

27 -Chhindwara

Smt. Alka Kamalnath S L Patwa INC BJP

Punjab

7-Ropar (SC)

Basant Singh Khalsa SAD

Smt. Satwinder Kaur SAD

Rajasthan

25-Nagaur

Nathu Ram Mirdha

BJP

B P Mirdha BJP

Ajit Singh INC

Ajit Singh BKK

Uttar Pradesh

81-Baghpat

Date of Poll : 29.05.1997 Kerala

11-Ernakulam

Orissa

10-Aska

Sebastian Paul IND Nabeen Patnaik

JD NCT Delhi

4-East Delhi

Lai Bihari Tiwari BJP

MAJOR EVENTS & NEW INITIATIVES

164

Name of

State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

STATE LEGISLATIVE ASSEMBLIES Date of Poll : 06.02.1997 Andhra Pradesh

9-Parvathipuram

Varsa Krishnamurthy

Annapurnamma Yerra TDP

121-Darsi

N Sreeramulu

Narapusetty P Rao TDP

B N Reddy TDP

Smt. Bhima Shobha Rani TDP

H L Patel

Amit Shah

183-AUagada

Gujarat

64-Sarkhej

BJP Karnataka

63-Chiknaikanahalli

N Vasavaiah

Ramesah Babu SAP

94-Ramanagaram

HD Deve Gowda

C M Lingappa INC

Madhya Pradesh

268-Depalpur

Maharashtra

Nirbhai Singh Patel

Jagannath Qagdish Patel)

BJP

INC

70-Niphad

R S B Kadam Shiv Sena

Smt. Kadam Mandakini Rao Saheb Shiv Sena

Meghalaya

60-Mahendraganj

Lokhinder Hajong

Abdus Saleh IND

Nagaland

25-Monguya (ST)

N I Jamir

T I Jamir INC - Uncontested

Orissa

120-Kamakhyanagar

K C Mohapatra

Smt. Premlata Mohapatra INC

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

165

Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

Rajasthan

45-Phulera

Dr. Hari Singh

Ram Narayan Kissan

BJP Tamil Nadu

191-Pudukkottai

A Periyannam

Mari Ayya P DMK

Uttar Pradesh

42-Sahaswan

43-Bilsi (SC)

186-Maniram

380-Debai

385-Shikarpur (SC)

Mulayam Singh Yadav

Omkar Singh

SP

SP

Ss Mayawati

Bhola Shanker Morya

BSP

BSP

Smt. Subhavati Devi

Chandresh Paswan

SP

SP

Kalyan Singh

Ram Singh

BJP

BJP

Narender Kumar

Mahendra Kumar

SP

BJP

Date of Poll : 05.04.1997 Bihar

136-Amour

Sabha Jaffer IND

Gujarat

94-Radhanpur

Vaghela Shankar Sinh Laxmansinh

RJP Jammu & Kashmir

Khalid Najeeb

JKM

Date of Poll : 29.05.1997 Andhra Pradesh

113-Martur

N R Gottipati TDP

MAJOR EVENTS & NEW INITIATIVES

166

Name of State

SI. No. & Name of Constituency

Names and Patty affiliation of member who vacated the seat

Names and Patty affiliation of member elected to the seat

Karnataka

46-Molakalmuru

N V Gopalakrishnan INC

Madhya Pradesh

245-Bhojpur

Ramkrishan Chauhan

BJP 284-Khandwa

Hukam Chand Yadav Pahalwan, BJP

Maharashtra

234-Shirdi

V R Eknathrao Shiv Sena

Orissa

64-Daspalla

Harihar Karan IND

Punjab

94-Nawapara

J Pattnaik INC

56-Qila Raipur

J S Garcha SAD

Uttar Pradesh

312-Farrukhabad

Smt. Prabha Dwivedi BJP

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

167

Appendix II

DETAILS OF BYE-ELECTIONS HELD TO LOK SABHA AND STATE LEGISLATIVE ASSEMBLIES IN FEBRUARY 1998 Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

LOK SABHA Punjab

03-Tarn Taran

Prem Singh Lalpura SAD

Gujarat

23-Broach

C S Deshmukh

BJP

Tarlochan Singh Tur SAD M Vasava BJP

STATE LEGISLATIVE ASSEMBLIES Date of Poll : 03.06.1998 (Wednesday) Andhra Pradesh

53-Mummidiviaram (SC)

TDP

S C Vivekananda TDP

66-Attili

K Bapuaju

D S R Mandabaparu

INC

TDP

M Rayaiah TDP

P B Mohan

C V Rao

Smt. K J Devi

BJP

INC

229-Andole (SC)

258-Metpalli

Assam

110-Naoboicha

124-Margherita

Bihar

20-Gobindganj

G M C Balyogi

TDP

M K Subba

M R Pathori

INC

AGP

Tarun Gogoi

P Bordoloi

INC

INC

D N Dubey

B N Dubey

SP

SP

MAJOR EVENTS & NEW INITIATIVES

168

Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

46-Raghopur

Laloo Prasad

Rajgir Choudhry

JD

RJD

72-Pupri

179-Tarapur

191-Sheikhpura

247-Belaganj

253-Bodh Gaya (SC)

Names and Party affiliation of member elected to the seat

Sita Ram Yadav

Nawal Kishore Rai

JD

JD

Shakuni Chaudhry

Smt. Parvati Devi

SP

SP

Rajo Singh

Sanjay Kumar

INC

INC

S P Yadav

M S Yadav

JD

RJD

Smt. Malti Devi

G S R Das

IND

RJD

Haryana

79-Adampur

Bhajan Lai INC

Kuldeep Singh Bishnoi INC

Jammu & Kashmir

72-Jammu East

Vaid Vaishno Dutt

Ashok Kumar

BJP

BJP

Karnataka

41-Davangere

S Shivashankarappa

S S Mallikarjun

INC

INC

M Srinivas

R Ashoka

BJP

BJP

S D Jayaram

Smt. K R Prabavathi

JD

JD

89-Uttarahalli

105-Mandya

123-Hunsur

149-Baindur

C H Vidyashankar

G T Devegoda

BJP

JD

I M J Shetty

K Gopala Poo j ary

BJP

INC

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

Name of State

SI. No. & Name of Constituency

Names and Patty affiliation of member who vacated the seat

213-Bagaslkot

A K S Sarnaik

169

Names and Party affiliation of member elected to the seat

P P Hanmantappa

BJP 222-Ballolli

Kerala

Maharashtra

72-Ernakulam

63-Dahanu (ST)

141-Ramtek

173-Biloli

177-Singnapur

190-Kannad

J R Chandappa

JD

Amalkar V BB-JD

George Ealan

Adv S Paul

INC

IND

N S Sekharam INC

INC

G A Tastavant IND

INC

236-Rahuri

244-Mulshi

264-Satara

286-Kagal

D A Ramji

P B Bapurao

C B Amritrao

INC

INC

W S Ambadasrao

K V Anandrao

INC

INC

R R Jadhav

Smt. J T Bhibhan INC

INC

214-Akkalkot

G K Arjun

T D Sharamappa

M S Satlingappa

BJP

INC

T P Baburao INC

BJP

A N Mohol

Vithal alias K B Gosavi

INC

INC

K C Laxmanrao

A S Bhosale

Smt. C U P M Bhosale

INC

BJP

M S Dadoba

G S Anandrao Shiv Sena

INC

MAJOR EVENTS & NEW INITIATIVES

170

Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

Orissa

18-Bhandari-Pokhari (SC)

A C Sethi

JD

Kumar S Chiranjibi INC

59-Khurda

P K Patsani

Dillip Sree Chandan

JD

INC

98-Junagarh

127-Baragarh

141-Bonai (ST)

Punjab

Uttar Pradesh

48-Sham Chaurasi

20-Nagina (SC)

136-Milkipur

Bikram Keshari

H S Meher

BJP

BJP

P Acharya

231-Dildar Nagar

251-Mariahu

298-Chaubeypur

417-Harora (SC)

A Acharya

BJP

D Laguri INC

Janardan Dehury-INC

Arjun Singh Josh

Smt. Mohinder Kaur

SAD

SAD

Smt. Omwati Devi

Lovekush Kumar

SP

BJP

Mitra Sen Yadav

Ram Chander Yadav SP

SP

155-Tulsipur

•

JD

R Z Khan SP

Kamlesh Kumar Singh

BJP

Om Parkash

Sinhasan

SP

BJP

Paras Nath Yadav

Berkhu Ram Verma

SP

BJP

Hari Kishan

Krishna Pal Singh

BJP

BJP

Ss Mayawati BSP

Jagpal SP

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

171

Name of State

SI. No. & Name of Constituency

Names and Patty affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

West Bengal

145-Bowbazar

S Bandyopadhyay INC

Ajit Pandey CPM

149-Rashbehari Avenue

H Basu INC

Biplab Chatterjee CPM

178-Chaditala

A A Khanderkar INC

Bhakta Ram Pan CPM

45-Kamalpur

Bimal Singha CPM

B L Singha CPM

12-Udharbond

J Sinha INC

Ajit Singh INC

41-Bhabanipur

S N Medhi AGP

B Gajary PDF

Tripura

Date of Poll : 25.11.1998 Assam

Bihar

13-Adapur

B B Prasad

S B Prasad

JD

RJD

Raghunath Jha

Thakur Ratnakar

JD

RJD

139-Purnea

Ajit Sarkar CPM

Smt. Madhvi Sarkar CPM

262-Kodarma

R P Yadav

Smt. Annapurna Devi

JD

RJD

Sant Ram INC

BJP

T Intimeren Jamir INC

R Aolepden INC-Uncontested

66-Seohar

Himachal Pradesh

43-Baijnath

Nagaland

25-Mongoya (ST)

Dulo Ram

MAJOR EVENTS & NEW INITIATIVES

172

Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Punjab

28-Adampur

Sarup Singh

Kanwaljit Singh

SAD

INC

S.P. Vikal

J.P. Garg

BJP

BJP

S D Chattopadhyay INC

S Chakraborty

Chaya Bera

Dr Omar Ali

CPM

CPM

Dhiren Let

Bisnu Let

CPM

CPM

Uttar Pradesh

West Bengal

358-Agra East

104-Baruipur

199-Nandanpur

290-Mayureswar

Names and Party affiliation of member elected to the seat

CPM

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

173

Appendix III DETAILS OF ADJOURNED POLLS AND BYE-ELECTIONS HELD TO STATE LEGISLATIVE ASSEMBLIES IN 1999 Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

ADJOURNED POLLS Date of Poll : 22.02.99 Rajasthan

NCT of Delhi

149 - Kumbalgarh

Adjourned poll due to death of contesting candidate

INC

150 - Bhim

Adjourned poll due to death of the contesting candidate

Laxman Singh Rawat INC

200 - Mundwa

Adjourned poll due to death of the contesting candidate

Habibur Rehman INC

Adjourned poll due to death of the contesting candidate

INC

25 Nangloi Jat

Hiralal Devkura

Prem Chand -

Date of Poll : 20.12.99 Andhra Pradesh

246-Sirpur

Adjourned poll due to death of the contesting candidate BYE-ELECTIONS

Date of Poll : 22.02.99 Gujarat

21 - Jetpur

Korat Saviijbhai Jivrajbhai -

Korat Jasuben Savjibhai -

BJP

BJP

MAJOR EVENTS & NEW INITIATIVES

174

Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

24 - Jodiya

Kasundra Maganbhai Ambabhai

Hansrajbhai INC

BJP Madhya Pradesh

139 - Khallari

287 - Burhampur

Dr. Ramesh -

Paresh Baghajera

BJP

BJP

Shiv Kumar Singh Independent

Manju Singh Shiv Kumar Singh INC

Mizoram

14 - Khuwbung

Pu. Zoramthanga MNF

K. Vanlaluva MNF

Rajasthan

184 - Sardarpura

Man Singh Deoran

Ashok Gehlot

INC

INC

Sushma Swaraj

Kiran Walia

BJP

INC

NCT of Delhi

9 - Hauz Khas

BYE-ELECTIONS Date of Poll : 21.06.99 Orissa

83 - Laxmipur

Ananta Ram Majhi

Giridhar Gomang

INC

INC

BYE-ELECTIONS HELD SIMULTANEOUSLY ALONG WITH LOK SABHA ELECTIONS Jammu & Kashmi c 5 - Langate

Madhya Pradesh

Abdul Ahid Wani (Kar) National Conference

Sultan Pandit Independent

45 - Bijbehara

Mehbooba Mufti INC

Abdul Rehman Independent

29 Guna

Shiv Pratap Singh

Kailash Narayan Sharma

INC

INC

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

Name of State

SI. No. & Name of Constituency

298 - Manawar (ST)

304 - Alirajpur (ST)

Nagaland

30 - Alungtgaki (ST)

Punjab

57 - Ludhiana North

Tamil Nadu

Tripura

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

Dariyav Singh Solanki

Balwant Singh Mandloy

INC

INC

Magan Singh Patel

Vesta Patel

INC

INC

Tong Pangnuhgshi INC

L. Yanger Independent

Rakesh Kumar

Rakesh Kumar Pandey

INC

INC

147 - Natham

M. Andi Ambalam ATMC

R Viswanathan AIDMK

232 - Thiruvattar

Dr. A. Alban DMK

J Hemachandran AIDMK

37 - Santirbazar (ST)

Durbajay Reaning

Balaram Reang CPI

CPI

Uttar Ptadesh

West Bengal

87 - Bawan (SC)

Chote Lai

Shiv Prasad

BJP

BJP

88 - Ashokenagar

Nirode Roy Choudhary Badal Bhattacharya CPI (M) BJP

125 - Patharpaqtima

Gopal Krishna Dey INC

Janeswar Das CPI (M)

141- Shyampukur

Santi Ranjan Ganguly AIFB

Chandra Das Pulak AITC

Sukumar Das INC

Deepak Ghosh AITC

241 - Raghunathpur (SC)

Natabar Bagdi CPI(M)

Umarani Bauri CPI(M)

4-Bussey

CM. Achraff

Annibal Kennedy DMK

204 - Mahishadal

Pondicherry

175

INC

176

MAJOR EVENTS & NEW INITIATIVES

BYE-ELECTIONS TO LOK SABHA AND THE LEGISLATIVE ASSEMBLIES, 2000

In the General Elections held in Lok Sabha in September - October 1999, there were two cases of multiple elections. The concerned members resigned from the following seats : State

Parliamentary Constituency

Karnataka Uttar Pradesh

5 - Bellary 67 - Kannauj

In addition to above, there were 31 clear casual vacancies in various State Legislatures. The Commission decided to fill two casual vacancies in the Lok Sabha and 31 casual vacancies in the Legislative Assemblies of Andhra Pradesh, Assam, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal along with the General Elections to State Legislative Assemblies of Bihar, Haryana, Manipur and Orissa with the following programme :Schedule I Schedule II i)

Date of issue of notification

24.01.2000

24.01.2000

ii)

Last dates for filing nominations

31.01.2000

01.02.2000

01.02.2000

02.02.2000

iv) Last dates for withdrawal of candidatures 03.02.2000

04.02.2000

v)

18.02.2000

iii) Dates for scrutiny of nominations Dates of poll

17.02.2000 20.02.2000*

vi) Date before which the elections shall

08.03.2000

be completed Date of poll from 19 - Colaba constituency of Maharashtra. Schedule I - Bye-elections programme from States except Assam. Schedule II - Bye-election programme from Assam State. 2.

The Commission further decided to use Electionic Voting Machines in one

bye-election to Lok Sabha and 18 bye-elections to State Legislative Assemblies.

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

State

Constituency

Uttar Pradesh

67 - Kannauj PC

Andhra Pradesh

85 - Gudivada AC

Gujarat

10 - Chotila AC 139 - Bhadran AC

Madhya Pradesh

85 - Sohagpur AC 141 - Rajim AC 196 - Jabalpur Central AC 245 - Bhojpur AC

Maharashtra

19 - Colaba AC

Punjab

38 - Nawan Shahr AC

Tamil Nadu

167-Tiruchirapalli - II AC

Uttar Pradesh

39 - Shahabad AC (SC) 57 - Pilibhit AC 94 - Unnao AC 118 - Pratapgarh AC 201 - Gauri Bazar AC 344 _ Patiali AC 412 - Thana Bhawan AC 413 - Nakur AC

3.

The State Government Employees of the Rajasthan remained on strike for

a period of more than two months. The State Government requisitioned the services of the Central Government Employees for the conduct of bye-elections. There were hardly any complaints. There was not any case of re-poll. 4.

The Commission appointed 35 General Observers and 33 Expenditure

Observers to oversee the election process, monitoring the expenditure by the contesting candidates and political parties and counting of votes. 5.

All the bye-elections were conducted peacefully. The details of

constituencies and the candidates elected are given in Appendix IV.

177

MAJOR EVENTS & NEW INITIATIVES

178

Appendix IV DETAILS OF BYE-ELECTIONS HELD TO LOK SABHA AND STATE LEGISLATIVE ASSEMBLIES IN FEBRUARY 2000 Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

LOK SABHA Karnataka

5-Bellary

Sonia Gandhi INC

Kolur Basavana Gond, INC

Uttar Pradesh

67-Kannauj

Mulayam Singh Yadav

Akhilesh Yadav

SP

SP

STATE ASSEMBLIES Andhra

85-Gudivada

Raavi Hari Gopal TDP

Raavi Venkateswara Rao TDP

Assam

99-Majuli (ST)

Karuna Dutta AGP

Jogeswar Doley

Savashibhai Kanjibhai Makwana

Makwana Mahesh Kumar Karamshibhai

INC

BJP

Parmar Dhirsinh Chhatrasinh

Jadav Bhupendrasinh Chhaganbhai

INC

BJP

Krishna Mohini

Dr. Rajiv Bindal

INC

BJP

Krishnapal Singh INC

Shabnam Mausi IND

Shyam Charan Shukla

Amitesh Shukla

INC

INC

Gujarat

10-Chotila

139-Bhadran

Himachal Pradesh 14-Solan

Madhya Pradesh

85-Sohagpur

141-Rajim

AGP

BYE-ELECTIONS TO LOK SABHA AND LEG. ASSEMBLIES - 1997-2000

Name of State

SI. No. & Name of Constituency

196-Jabalpur Central 45-Bhojpur

Maharashtra Patrawala

19-Colaba

179

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

Onkar Prasad Tiwari

Naresh Saraf

BJP

INC

Sunder Lai Patwa

Naresh Singh Patel

BJP

BJP

Marzban Jal Patrawala

Dinaz Marazban

INC

SHS

Punjab

38-Nawan Shahr

Charanjit Singh

Jatinder Singh

Rajasthan

9-Raisinghnagar

Nihal Chand, BJP

Sohan Lai, INC

22-Sadulpur

Ramsingh Kaswan

Nand Lai Poonia IND

BJP 59-Mandawar

125-Nimbahera

136-Aspur (ST)

Dharam Pal Choudhary

Shrichand Kriplani

Madhu Dadheech

BJP

INC

BJP

Tara Chand Bhagora

Raiya Meena

INC

INC

Vijayendra Pal Singh

Ram Lai Gurjar

BJP

BJP

A. Mani DMK

V. C. Shanmugam

167-Tiruchirapalli - II

Anbil Poyyamozhi DMK

Anbil Periyasamy DMK

193-Aruntangi

S. Thirunavukkarasu AIADMK

C. Anbarasan MADMK

58-Asind

Tamil Nadu

Dr. Jaswant Singh Yadav, BJP

62-Nelikuppan

DMK

MAJOR EVENTS & NEW INITIATIVES

180

Name of State

SI. No. & Name of Constituency

Names and Party affiliation of member who vacated the seat

Names and Party affiliation of member elected to the seat

Uttar Pradesh

39-Shahabad (SC)

Swami Parmanand Dandi

Kashi Ram SP

SP

57-Pilibhit

Raj Rai Singh BJP

V K Gupta BJP

94-Unnao

Deepak Kumar

Ram Kumar

SP

SP

Chandra Nath Singh

A Salam Apna Dal

118-Pratapgarh

SP

201-Gauri Bazar

Janmejai Singh BSP

344-Patiali

Kunwar Devendra Singh Rajjan Pal Singh BJP Yadav, SP

412-Thana Bhawan

Amir Alam Khan

413-Nakur

West Bengal

Shri Niwas Mani BJP

57-Nabagram

232-Binpur (ST)

288-Suri

SP

Jagat Singh SP

Kunwarpal Singh

Pradeep Kumar

IND

RLD

Adhir Ranjan INC

Nripen Choudhuri CPI (M)

Naren Hansda JKP

JKP(N)

Suniti Chattaraj INC

Chuni Bala Hansda

Braja Mukherjee CPI (M)

CHAPTER VIII

COUNCIL OF STATES

Biennial Elections and Bye-Elections 1996 to 2000

BIENNIAL ELECTIONS Article 83 of the Constitution provides that the Council of States shall not be subject to dissolution, but, as nearly as possible, one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. There are 245 seats in the Council of States, out of which 12 seats are filled by nominated members. The allocation of seats in the Council of States to various States and Union Territories is given in the Fourth Schedule to the Constitution. 2.

During 1996, the Commission held Biennial Elections to fill the seats of

75 members in the Council of States, who retired on the expiration of their term of office. 36 seats from the States of Assam, Bihar, Haryana, Himachal Pradesh, Jammu & Kashmir, Madhya Pradesh, Mizoram and Uttar Pradesh were filled uncontested. There was contest for 39 seats in the States of Andhra Pradesh, Arunachal Pradesh, Gujarat, Karnataka, Maharashtra, Manipur, Meghalaya, Orissa, Tamil Nadu and West Bengal. The details of seats filled, nominations filed, nominations withdrawn and names of elected candidates are given in Appendix I. 3.

In the following year, i.e., 1997, biennial elections were held to fill 4 seats

in the Council of States from Kerala and Pondicherry. While from Kerala, seats

MAJOR EVENTS & NEW INITIATIVES

were filled uncontested, one seat from Pondicherry was filled up after contest. The details of seats filled, nominations filed, nominations withdrawn and names of elected candidates are given in Appendix II. 4.

Again, in 1998, biennial elections were held to fill 70 seats in the Council

of States. 29 seats from Haryana Karnataka, Kerala, Madhya Pradesh, Nagaland, Punjab, Tamil Nadu and Tripura were filled uncontested, while 41 seats from Andhra Pradesh, Assam, Bihar, Maharashtra, Orissa, Rajasthan and Uttar Pradesh were contested. The details of seats filled, nominations filed, nominations withdrawn and names of elected candidates are given in Appendix III. 5.

Again, in 1999, biennial elections were held to fill ten seats in the Council

of States. Nine seats from Gujarat and West Bengal were filled uncontested. While, one seat from Goa was contested. The details of seats filled, nomination filed, nominations withdrawn and names of elected candidates are given in appendix IV.

BYE-ELECTIONS 6.

Section 147 of the Representation of the People Act, 1951, provides that

when before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall take steps to hold a byeelection to fill the vacancy so caused. Under section 151 A, which came into effect with effect from 1st August, 1996, a bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of such vacancy. However, a bye-election may not be held if (a) the remainder of the term of the member whose vacancy is to be filled is less than one year; or (b) the Election Commission, in consultation with the Central Government, certifies that it is difficult to hold the bye-election within the said period. 7.

Keeping in view the above provisions, the Commission took action to fill

all casual vacancies in the Council of States as expeditiously as possible. Accordingly, the Commission filled 8 casual vacancies in the Council of States in 1996 from Gujarat, Karnataka, Maharashtra, Tamil Nadu and Uttar Pradesh. The

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

183

details of the programme and the vacancies so filled are given in Appendix V. 8.

The Commission then held further bye-elections to fill 5 casual vacancies

in that Council from the States of Andhra Pradesh, Rajasthan and Tamil Nadu, in 1997. The details of the programme and the vacancies so filled are given in Appendix VI. 9.

Again in 1998, the Commission took action to hold bye-elections to fill 7

casual vacancies in the Council of States, one each from the States of Bihar, Gujarat, Jammu & Kashmir, Karnataka, Kerala, Orissa and West Bengal. All these byeelections were uncontested. The details of the programme and vacancies are given in Appendix VII. BYE-ELECTIONS 10.

Again, in 1999, the Commission decided to hold a bye-election to fill one

casual vacancy in the Council of States from Assam. The vacancy occurred due to the death of Shri Parag Chaliha. It was filled in accordance with the following programme :1.

Date of issue of notification

13.08.99

(Friday)

2.

Last date for filing nominations

20.08.99

(Friday)

3.

Date for scrutiny of nominations

21.08.99

(Saturday)

4.

Date for withdrawal of candidatures

23.08.99

(Monday)

5.

Date of poll

30.08.99

(Monday)

6.

Date before which the elections shall

01.09.99

(Wednesday)

be completed 7.

Hours of poll

9.00 A.M. to 4.00 P.M.

Only one candidate, Smt. Joyasree Goswami Mahanta sponsored by Asom Gana Parishad filed nomination papers. She was declared elected.

MAJOR EVENTS & NEW INITIATIVES

184

Appendix I

ELECTION TO T H E COUNCIL OF STATES BIENNIAL ELECTION 1996 Schedule of Election Particulars

1. Karnataka 2. Andhra Pradesh 3. Manipur 4. Meghalaya 5. West Bengal 6. Assam 7. Bihar 8. Gujarat 9. Madhya Pradesh 10. Haryana 11. Himachal Pradesh 12.0rissa 13. Tamil Nadu

1. Arunachal Pradesh

I

II

1. Mizoram

1. Uttar Pradesh 2. Jammu & Kashmir

III

IV

Date of issue of notification

2.2.96 (Friday)

6.5.96 (Monday)

21.6.96 (Friday)

12.11.96 (Tuesday)

Last date for filing nomination

9.2.96 (Friday)

13.5.96 (Monday)

28.6.96 (Friday)

19.11.96 (Tuesday)

Date of scrutiny

10.2.96 (Saturday)

14.5.96 (Tuesday)

29.6.96 (Saturday)

20.11.96 (Wednesday)

Last date for withdrawal

12.2.96 (Monday)

16.5.96 (Thursday)

1.7.96 (Monday)

22.11.96 (Friday)

Date of poll

19.2.96 (Monday)

23.5.96 (Thursday)

8.7.96 (Wednesday)

29.11.96 (Friday)

23.2.96 (Friday)

26.5.96 (Sunday)

11.7.96 (Thursday)

2.12.96 (Monday)

Date of completion of elections

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

Name of State

No. of No. of Seats to Nomibe filled nations Filed

Withdrawal

185

Contested

Names of Elected Candidates with Party Affiliation

1. S.M. Krishna -

Kamataka

Indian National Congress 2. Ramakrishna Hegde — Janata Dal 3. CM. Ibrahim — Janata Dal 4. Leeladevi Renuka Prasad — Janata Dal Andhra Pradesh

Nil

1. Saifulla Telugu Desam Party (Chandra Babu Naidu Group) 2. Jayaprada Nahata — Telugu Desam Party (Chandra Babu Naidu Group) 3. Lakshmi Prasad Yarlagadda — Telugu Desam Party (Chandra Babu Naidu Group) 4. Solipeta Ramachandra Reddy Telugu Desam Party (Chandra Babu Naidu Group) 5. Yelamanchili Radhakrishna Murthy Communist Party of India (Marxist) 6. D. Venkateshwar Rao — Telugu Desam Party (N. T. Rama Rao Group)

Manipur

Nil

1. W. Angou Singh Indian National Congress

MAJOR EVENTS & NEW INITIATIVES

186

S.No.

4.

Name of State

Meghalaya

No. of No. of Seats to Nomibe filled nations Filed 1

3

Withdrawal

Contes-

1

2

ted

Names of Elected Candidates with Party Affiliation

1. Onward L. Nongtdu— Indian National Congress

5.

West Bengal

5

6

Nil

6

1. Dawa Lama — Communist Party of India (Marxist) 2. Debabrata Biswas — All India Forward Bloc 3. Bratin Sengupta — Communist Party of India (Marxist) 4. Smt. Bharati Ray Communist Party of India (Marxist) 5. Md. Salim — Communist Party of India (Marxist)

6.

Assam

3

3

Nil

3

1. Karnendu Bhattacharjee — Indian National Congress 2. Smt. Basanti Sarma — Indian National Congress 3. Prakanta Warisa — Autonomous State Demand Committee

7.

Bihar

7

9

2

7

1. Obaidullah Khan Janata Dal 2. Jagdambi Mandal — Janata Dal 3. Nagendra Nath Ojha — Bharatiya Communist Party 4. Prem Chand Gupta — Janata Dal 5. Ranjan Prasad Yadav — Janata Dal 6. Shatrughan Prasad Sinha — Bharatiya Janata Party

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

Name of State

No. of Seats to be filled

No. of Nominations Filed

Withdrawal

187

Contested

Names of Elected Candidates with Party Affiliation

7. Gyan Ranj an — Bharatiya Rashtriya Congress 8.

Gujarat

4

7

Nil

7

1. Bhatt Brahmkumar Ranchhodlal — Indian National Congress 2. Dave Anantray Devshankar — Bharatiya Janta Party 3. Bangaru Laxmanji B. Narasimha — Bharatiya Janata Party 4. Solanki Gopalsinhji Gulabsinhji — Bharatiya Janata Party

9.

Madhya Pradesh

5

5

Nil

5

1. Abdul Gaiyur Qureshi Bharatiya Rashtriya Congress 2. Likhiram —

•

Bharatiya Janata Party 3. Sikandar Bakht — Bharatiya Janata Party 4. Surendra Kumar Singh — Bharatiya Rashtriya Congress 5. Suresh Pachauri — Indian National Congress

10.

Haryana

2

2

Nil

2

1. Banarasi Dass — Indian National Congress 2. Lachhman Singh — Indian National Congress

11.

Himachal Pradesh

1

1

Nil

1

1. Chandresh Kumari — Indian National Congress

:

MAJOR F.VF.NTS & NEW INITIATIVES

188

S.No.

12.

Name of State

No. of No. of Seats to Nomibe filled nations Filed

Orissa

Withdrawal

Nil

Contested

Names of Elected Candidates with Party Affiliation

1. Smt. Jayanti Patnaik — Indian National Congress 2. Dalip Kumar Ray — Janata Dal 3. Maurice Kujur Indian National Congress 4. Ananta Sethi — Indian National Congress

13.

Tamil Nadu

1. Thiru R.K. Kumar All India Anna Dravida Munnetra Kazhagam 2. Thiru Soundarajan — All India Anna Dravida Munnetra Kazhagam 3. Thiru N. Thalavai Sundaram — All India Anna Dravida Munnetra Kazhagam 4. Thiru S. Niraikulathan — All India Anna Dravida Munnetra Kazhagam 5. Thiru S. Peter Alphonse — Indian National Congress 6. Thiru T.M. Venkatachalam — All India Anna Dravida Munnetra Kazhagam

14.

Rajasthan

Nil

1. Krishna Kumar Birla — Indian National Congress 2. Mahesh Chandra — Bharatiya Janata Party 3. Ram Das — Bharatiya Janata Party

15.

Maharashtra

12

1. Keshwani Suresh Atalrai — Independent

189

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

Name of State

No. of No. of Seats to Nomibe filled nations Filed

Withdrawal

Contested

Names of Elected Candidates with Party Affiliation

2. Goyal Vedprakash P. Bharatiya Janata Party 3. Chavan Shankarrao Bhaurao — Indian National Congress 4. Patel Mukeshbhai Rasiklal Shiv Sena 5. Vahadane Suryabhan Raghunath — Bharatiya Janata Dal 6. Shirodkar Adhik Narayan Shiv Sena 7. Salve N.K.P. Indian National Congress 16.

Uttar Pradesh

11

14

11

1. Akhilesh Das Bharatiya Rashtriya Congress 2. Amar Singh — Samajwadi Party 3. R.N.Arya Bahujan Samaj Party 4. Gandhi Azad Bahujan Samaj Party 5. Chaudhary Chunni LaiBharatiya Janata Party 6. Devi Prasad Singh — Bharatiya Janata Party 7. Narendra Mohan — Bharatiya Janata Party 8. Manohar Kant Dhyani— Bharatiya Janata Party 9. Mohd. Azam Khan Samajwadi Party lO.Rajnath Singh Bharatiya Janata Party ll.Balwant Singh Ramuwalia — Independent

MAJOR EVENTS & NEW INITIATIVES

190

S.No.

17.

Name of State

Jammu &

No. of Seats to be filled

3

No. of

Nomi-

Withdrawal

Contested

Nil

3

nations Filed

5

Kashmir

Names of Elected Candidates with Party Affiliation

1. Shariefud-Din Shariq — Jammu & Kashmir National Conference 2. Ghulam Nabi Azad— Indian National Congress 3. Dr. Karan Singh — Jammu & Kashmir National Conference

18.

Mizoram

1

2

1

1

1. Hiphei Indian National Congress

19.

Arunachal Pradesh

1

2

Nil

2

1. Nabam Rebia — Independent

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

191

Appendix II

ELECTION TO T H E COUNCIL OF STATES BIENNIAL ELECTION 1997 Schedule of Election Particulars

Kerala

Pondicherry

I

II

Date of issue of notification

29.03.1997 (Saturday)

16.09.1997 (Tuesday)

Last date of making Nomination

05.04.1997 (Saturday)

23.09.1997 (Tuesday)

Date for scrutiny of Nominations

07.04.1997 (Monday)

24.09.1997 (Wednesday)

Last date for withdrawal of candidatures

09.04.1997 (Wednesday)

26.09.1997 (Friday)

Date of poll

16.04.1997 (Wednesday)

03.10.1997 (Friday)

19.04.1997 (Saturday)

06.10.1997 (Monday)

Date before which election shall be completed

MAJOR EVENTS & NEW INITIATIVES

192

S.No.

Name of State

No. of No. of Seats to Nomibe filled nations Filed

Withdrawal

Contes-

ted

Names of Elected Candidates with Party Affiliation

1.

Kerala

3

3

Nil

3

1. K. Karunakaran — Indian National Congress 2. J. Chitharanjan — Communist Party of India 3. S. Ramachandran Pillai Communist Party of India (Marxist)

2.

Pondicherry

1

5

3

2

1. C.P. Thirunavukkarasu— Dravida Munnetra Kazhagam

193

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

Appendix III ELECTION TO T H E COUNCIL OF STATES BIENNIAL ELECTION 1998 Schedule of Election Particulars

1. Bihar 2. Madhya Pradesh 3. Maharashtra 4. Orissa 5. Punjab (2 Seats) 6. Rajasthan 7. Tamil Nadu 8. Uttar Pradesh I

1. Haryana

II

1. 2. 3. 4. 5. 6. 7. 8.

Andhra Pradesh Assam Himachal Pradesh Karnataka Kerala Nagaland Tripura Punjab (5 Seats) III

Date of issue of notification

30.05.1998 (Saturday)

30.05.1998 (Saturday)

10.03.1998 (Tuesday)

Last date for filing nomination

06.06.1998 (Saturday)

06.06.1998 (Saturday)

17.03.1998 (Tuesday)

Date of scrutiny

08.06.1998 (Monday)

08.06.1998 (Monday)

18.03.1998 (Wednesday)

Date of withdrawal

10.06.1998 (Wednesday)

11.06.1998 (Thursday)

20.03.1998 (Friday)

Date of poll

18.06.1998 (Thursday)

18.06.1998 (Thursday)

27.03.1998 (Friday)

Date of completion of elections

22.06.1998 (Monday)

22.06.1998 (Monday)

30.03.1998 (Monday)

MAJOR EVENTS & NEW INITIATIVES

194

S.No.

1.

Name of State

Maharashtra

No. of No. of Seats to Nomibe filled nations Filed 7

Withdrawal

Nil

Contested

Names of Elected Candidates with Party Affiliation

1. Nandy Pritish Satishchandra — Shiv Sena 2. Prabhan Satish Sitaram — Shiv Sena 3. Mahajan Pramod Venkatesh — Bharatiya Janata Party 4. Heptulla Najma Akbar — Indian National Congress 5. Kalmadi Suresh Shamrao — Maharashtra Vikas Aghadi 6. Darda Vijay Jawaharlal — Independent

2.

Rajasthan

1. Jaswant Singh — Bharatiya Janata Party 2. Aimamuddin — Indian National Congress 3. Laxmi Mai — Bharatiya Janata Party 4. Santosh Kumar — Indian National Congress

3.

Bihar

Nil

1. Smt. Saroj Dubey — Rashtriya Janata Dal 2. Parmeshwar Kumar Agrawal — Bharatiya Janata Party 3. Ramendra Kumar Yadav Ravi Rashtriya Janata Dal 4. Kapil Sibal Indian National Congress 5. Shibu Soren -~ Jharkhand Mukti Morcha 6. Sri Anil Kumar — Rashtriya Janata Dal 7. Gaya Singh — Communist Party of India

195

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

4.

Name of State

Tamil Nadu

No. of No. of Seats to Nomibe filled nations Filed

Withdrawal

Nil

Contes-

ted

Names of Elected Candidates with Party Affiliation 1. Thiru S. Agniraj Dravida Munnetra Kazhagam 2. Thiru G. Karuppiah Moopanar — Tamil Mannila Congress (Moopanar) 3. Thiru M.A. Kadar Dravida Munnetra Kazhagam 4. Thiru M.Sankaralingam — Dravida Munnetra Kazhagam 5. Thiru S. Sivasubramanian — Dravida Munnetra Kazhagam 6. Thiru S. Viduthalai Virumbi Dravida Munnetra Kazhagam

5.

Madhya

Nil

Pradesh

1. O. Rajgopal Bharatiya Janata Party 2. Dalip Kumar — Bharatiya Janata Party 3. Jhumuklal — Indian National Congress 4. Balkavi Indian National Congress 5. Sushri Mobal Ribelo Indian National Congress

6.

Orissa

Nil

1. Ranganath Mishra — Indian National Congress 2. Ram Chandra Khuntia — Indian National Congress 3. Manmathnath Das — Indian National Congress

MAJOR EVENTS & NEW INITIATIVES

196

S.No.

7.

Name of State

Punjab

No. of No. of Seats to Nomibe filled nations Filed 2

2

Withdrawal

Contested

Nil

2

Names of Elected Candidates with Party Affiliation

1. Sukhdev Singh Akali Dal 2. Raj Mohinder Singh — Akali Dal

8.

Uttar Pradesh

12

16

2

14

1. Kanshi Ram Bahujan Samaj Party 2. Arun Shourie — Bharatiya Janata Party 3. Triloki Nath Bharatiya Janata Party 4. Deena Nath Mishra — Bharatiya Janata Party 5. B.P. Singhal Bharatiya Janata Party 6. Sangh Priya Gautam — Bharatiya Janata Party 7. Khan Ghufaran Zahidi — Indian National Congress 8/Munawar Hasan — Samajwadi Party 9. Rama Shankar Kaushik— Samajwadi Party 10. Ram Gopal Yadav Samajwadi Party ll.Dharam Pal Yadav Alias DP. Yadav Independent 12.Syed Akhtar Hasan Rizvi Independent

9.

Haryana

2

4

2

2

1. Devi Lai Haryana Lok Dal (Rashtriya) 2. Swaraj Kaushal — Haryana Vikas Party

197

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

10.

Name of State

Andhra Pradesh

No. of No. of Seats to Nomibe fitted nations Filed 6

Withdrawal

Nil

Contested

Names of Elected Candidates with Party Affiliation

1. Desari Nagabhushan RaoCommunist Party of India 2. Yadlapati Venkat Rao — Telugu Desam Party 3. P. Prabhakar Reddy Telugu Desam Party 4. C. Rama Chandraiah — Telugu Desam Party 5. Rumandla Ramachandraiah— Telugu Desam Party 6. Kimidi Kala Venkata Rao— Telugu Desam Party

11.

Assam

Nil

1. Dr. Arun Kumar Sharma — Asom Gana Parishad 2. Drupad Borgohain — Communist Party of India

12.

Karnataka

Nil

1. M. Venkaiah Naidu — Bharatiya Janata Party 2. Oscar Fernandes — Indian National Congress 3. H. K. Javare Gowda — Janata Dal 4. Bommai Somappa Rayappa — Janata Dal

13.

Kerala

Nil

1. Korambayil Ahammed Haji Muslim League 2. M. J. Varkey MattathilKerala Congress 3. A. Vijaya Raghavan — Communist Party of India (Marxist)

MAJOR EVENTS & NEW INITIATIVES

198

S.No.

14.

Name of State

Himachal

No. of No. of Seats to Nomibe filled nations Filed 1

2

Withdrawal

Contes-

Nil

2

ted

Nagaland

1. Anil Sharma — Himachal Vikas Congress

Pradesh 15.

Names of Elected Candidates with Party Affiliation

1

1

Nil

1

1. C. Apok Jamir — Indian National Congress

16.

Tripura

1

1

Nil

1

1. Khagen Das Communist Party of India (Marxist)

17.

Punjab

5

5

Nil

5

1. Balwinder Singh Shiromani Akali Dal 2. Lajpat Rai — Bharatiya Janata Party 3. Barjinder Singh — Independent 4. Sukhdev Singh — Shiromani Akali Dal 5. Gurcharan Singh — Shiromani Akali Dal

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

199

Appendix IV ELECTION TO THE COUNCIL OF STATES BIENNIAL ELECTION 1999 Schedule of Election Particulars

Goa & West Bengal

Gujarat

Date of issue of notification

07.07.99 (Wednesday)

07.07.99 (Wednesday)

Last date for filing nomination

14.07.99 (Wednesday)

14.07.99 (Wednesday)

Dates for scrutiny of nominations

15.07.99 (Thursday)

16.07.99 (Friday)

Last dates for withdrawal of candidatures

17.07.99 (Saturday)

19.07.99 (Monday)

Date of poll

26.07.99 (Monday)

26.07.99 (Monday)

28.07.99 (Wednesday)

28.07.99 (Wednesday)

Date before which election shall be completed

MAJOR EVKNTS & NEW INITIATIVES

200

S.No.

Name of State

Goa

No. of Seats to be filled

No. of Nominations Filed

Withdrawal

Contested

Names of Elected Candidates with Party Affiliation

Flaro Eduardo Martihno Indian National Congress

Gujarat

i) Ahmedbhai Mohammadbhai Patel Indian National Congress ii) Mehta Lalitbhai Amrutlal Bharatiya Janata Party iii)Sharda Savitaben Virendrabhai - Bharatiya Janata Party

West Bengal

i) Abani Roy - Revolutionary Socialist Party ii) Chandrakla Pandey Communist Party of India (M)' iii)Jiban Bihari Roy Communist Party of India (M) iv)Pranab Mukherjee Indian National Congress v) Sarla Maheswari Communist Party of India (M) vi)Shanker Roy Choudhury Independent

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

201

Appendix V ELECTION TO THE COUNCIL OF STATES BYE-ELECTION 1996 Schedule of Election Particulars

1. Karnataka 2. Maharashtra I

1. Uttar Pradesh 2. Tamil Nadu II

1. Gujarat III

Date of issue of notification

11.9.1996 (Wednesday)

12.11.1996 (Tuesday)

13.11.1996 (Wednesday)

Last date for filing nomination

18.9.1996 (Wednesday)

19.11.1996 (Tuesday)

20.11.1996 (Wednesday)

Date of scrutiny

19.9.1996 (Thursday)

20.11.1996 (Wednesday)

21.11.1996 (Thursday)

Last date for withdrawal

21.9.1996 (Saturday)

22.11.1996 (Friday)

23.11.1996 (Saturday)

Date of poll

28.09.1996 (Saturday)

29.11.1996 (Friday)

23.11.1996 (Saturday)

Date of completion of elections

01.10.1996 (Tuesday)

02.12.196 (Monday)

03.12.1996 (Tuesday)

MAJOR EVENTS & NEW INITIATIVES

202

s. No.

Name of State

No. of No. of Cause Seats to Nomiof Vacancy be filled nations Filed

ted

Names of Elected Candidates with Party Affiliation

1. Yoginder Kumar Bhagatram Alagh — Independent

6

1. Dara Singh Chauhan — Bahujan Samaj Party 2. Wasim Ahmad — Independent 3. Khan Ghufran Zahidi Bharatiya Rastriya Congress

1

1

1. H.D. Deve Gowda Janata Dal

2

2

2

1. Kapse Ramachandra Ganesh — Bharatiya Janata Party 2. Nirupam Sanjay Brijkishorlal Shiv Sena

1

1

1

1. V.P. Duraisamy — Dravida Munnetra Kazhagam

Gujarat

Resignation

1

1

2.

Uttar Pradesh

Resignation

3

8

3.

Karnataka

Resignation

1

Maharashtra

Resignation

Tamil Nadu

Resignation

5.

Contes-

1

1.

4.

Withdrawal

2

203

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

Appendix VI ELECTION TO T H E COUNCIL OF STATES BYE-ELECTION 1997 Schedule of Election Particulars

Andhra Pradesh

Rajasthan / Tamil Nadu

I

II

Date of issue of notification

16.09.1997 (Tuesday)

29.09.1997 (Monday)

Last date of making nomination

23.09.1997 (Tuesday)

06.10.1997 (Monday)

Date for Scrutiny of Nominations

24.09.1997 (Wednesday)

07.10.1997 (Tuesday)

Last date for withdrawal of candidatures

26.09.1997 (Friday)

09.10.1997 (Thursday)

Date of poll

03.10.1997 (Friday)

16.10.1997 (Thursday)

Date of completion of elections

06.10.1997 (Monday)

18.10.1997 (Saturday)

MAJOR EVENTS & NEW INITIATIVES

204

s. No.

Name of State

No. of No. of Seats to NomiVacancy be filled nations Filed Cause

of

Withdrawal

Contes-

ted

Names of Elected Candidates with Party Affiliation

1.

Andhra Pradesh

Death

1

4

2

2

1. Sudini Jaipal Reddy — Janata Dal

2.

Rajasthan

Death

1

3

1

2

1. Onkar Singh Lakhawat — Bharatiya Janata Party

3.

Tamil Nadu Resignation

3

4

3

1

1

-

1

2

1

1

1. Smt. Jayanthi Natarajan — Tamil Maanila Congress 2. S. Peter Alphonse — Tamil Maanila Congress 3. N. Abdul Khader Tamil Maanila Congress

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

205

Appendix VII

ELECTION TO THE COUNCIL OF STATES BYE-ELECTION 1998 Schedule of Election Particulars

1. West Bengal

I

1. Jammu & Kashmir 2. Gujarat 3. Kerala 4. Orissa 5. Karnataka II

1. Bihar

III

Date of issue of notification

10.03.1998 (Tuesday)

26.03.1998 (Thursday)

30.05.1998 (Saturday)

Last date for filing nomination

17.03.1998 (Tuesday)

02.04.1998 (Thursday)

06.06.1998 (Saturday)

18.03.1998 (Wednesday)

03.04.1998 (Friday)

08.06.1998 (Monday)

Last date for withdrawal

20.03.1998 (Friday)

06.04.1998 (Monday)

10.06.1998 (Wednesday)

Date of poll

27.03.1998 (Friday)

15.04.1998 (Wednesday)

18.06.1998 (Thursday)

Date of completion of elections

30.03.1998 (Monday)

17.04.1998 (Friday)

22.06.1998 (Monday)

Date of scrutiny

MAJOR EVENTS & NEW INITIATIVES

206

s. No.

1.

Name of State

Bihar

No. of No. of Cause Seats to Nomiof Vacancy be filled nations Filed Death

1

1

Withdrawal

Contested

Nil

1

Names of Elected Candidates with Party Affiliation

Shri Ram Deo Bhandari —

RJD 2.

Jammu & Kashmir

Resignation

1

1

Nil

1

Shri Kushok Nawang Chamba Stanzin —

JKNC 3.

Gujarat

Resignation

1

1

Nil

1

Shri Goradia Prafullbhai Dwarkadas - BJP

4.

Kerala

Resignation

1

1

Nil

1

Shri C.O.Poulose CPI(M)

5.

Orissa

Resignation

1

1

Nil

1

Frida Topno INC

6.

Karnataka

Resignation

1

1

Nil

1

West Bengal Death

1

7.

Prof. A.Lakshmi Sagar —

JD 1

Nil

1

Shri Abani Roy RSP

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

207

BIENNIAL ELECTIONS TO RAJYA SABHA 2000 11.

In January 2000, the Commission decided to hold biennial elections to

Rajya Sabha to fill up 3 vacancies arising on 27th January, 2000 from National Capital Territory of Delhi. These three seats were filled by holding three separate biennial elections to fill one seat each. In addition, one more regular vacancy in the Rajya Sabha from the State of Sikkim was to arise on 23rd February, 2000. The biennial elections were held according to the following programme : a)

Date of issue of notification by the President

03.01.2000 (Monday)

b)

Last date for filing nominations

10.01.2000 (Monday)

c)

Date for scrutiny of nominations

11.01.2000 (Tuesday)

d)

Last date for the withdrawal of candidatures

13.01.2000 (Thursday)

e)

Date of poll

20.01.2000 (Thursday)

f)

Date before which election shall be be completed

22.01.2000 (Saturday)

g)

Hours of poll

9.00A.M. to 4.00P.M.

11.1. All the above mentioned four vacancies were filled uncontested. The following candidates were declared elected.

12.

State

Name of Elected Members

Party Affiliation

Delhi

Dr. A. R. Kidwai

Indian National Congress

Delhi

Ambika Soni

Indian National Congress

Delhi

Dr. Karan Singh

Indian National Congress

Sikkim

K. G. Bhutia

Sikkim Democratic Front

Again, in 2000, biennial elections were held to fill 58 seats in the Council

of States from 12 States. The term of office of these 58 members was to expire on 2.4.2000. 31 seats from the States of Andhra Pradesh, Bihar, Gujarat, Haryana, Madhya Pradesh and Maharashtra were filled uncontested. 27 seats from the States

2Qg

MAJOR EVENTS & NEW INITIATIVES

of Himachal Pradesh, Karnataka, Orissa, Rajasthan, Uttar Pradesh and West Bengal were contested. The details of seats filled, nominations filed, nominations withdrawn and names of elected candidates are given in Appendix V. 12.1

The Returning Officer and Secretary, West Bengal Legislature referred the

case of Dr. Makhanlal Bangal, MLA from 216-Sabang-Midnapur assembly constituency, whose election was declared void by the Calcutta High Court in Election Petition no. 3 of 1996 on 7th April, 1999 and was granted conditional stay by the Supreme Court of India in Civil Appeal No. 4105 of 1999 (Dr. Makhanlal Bangal - Vs - Dr. Manas Bhunia and ors.), as to whether Dr. Bangal is eligible to cast his vote in the Biennial Elections to Rajya Sabha from West Bengal State. The Returning Officer was informed that Dr. Bangal was not eligible to cast his vote in the election to the Rajya Sabha from West Bengal, in view of clarification given by the Supreme Court of India earlier in a similar case [Reproduced in Annexure XXI of the Handbook for Returning Officers for Biennial Elections to the Council of States and Legislative Councils, 1992 (Reprint 1996)]. 12.2

The poll to fill the seat in the biennial elections was taken on 29th March,

2000. The counting of votes was taken up at 5.00 P.M. on 29th March, 2000. There were no complaints and the results were declared same day. 12.3

The Commission appointed 8 Observers to oversee the election process and

keeping a watch on the roll of money power in the elections.

209

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

BIENNIAL ELECTIONS TO T H E COUNCIL OF STATES 2000 Schedule of Election a)

Date of issue of notificaiton

07.03.2000

(Tuesday)

b)

Last date for filing nominations

14.03.2000

(Tuesday)

c)

Date for scrutiny of nominations

15.03.2000

(Wednesday)

d)

Last dates for the withdrawal of candidatures

18.03.2000 22.03.2000

(Saturday)* (Wednesday)**

e)

Date of poll

29.03.2000

(Wednesday)

f)

Date before which elections shall be 31.03.2000 be completed

(Friday)

* 17.03.2000 was a public holiday in Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh and West Bengal States. ** 17.03.2000 to 21.03.2000 were public holidays in Bihar and Jammu and Kashmir States.

MAJOR EVENTS & NEW INITIATIVES

210

S.No.

l.

Name of State

Andhra Pradesh

No. of No. of Seats to Nomibe filled nations Filed 6

7

Withdrawal

Contested

1

6

Names of Elected Candidates with Party Affiliation

1. Alladi P Rajkumar (TDP) 2. K M Khan (INC) 3. Dasari Narayana Rao (INC) 4. Ramamuni Reddy Sirigi Reddy (TDP) 5. K. Rama Mohana Rao (TDP) 6. Vanga Geetha (TDP)

2.

Bihar

8

9

1

8

1. S S Ahluwalia (BJP) 2. Kum Kum Rai (RJD) 3. Faguni Ram (INC) 4. Mahendra Prasad (RJD) 5. Ravi Shankar Prasad (BJP) 6. Rajiv Ranjan Singh (SAP) 7. Ram Kumar Anand (JMM) 8. Vijay Singh Yadav (RJD)

3.

Gujarat

4

4

4

1. Jaitley Arun Maharajkishan (BJP) 2. Dr. A K Patel (BJP) 3. Parmar Rajubhai Arajanbhai (INC) 4. Bachani Lekhraj Hemraj (BJP)

4.

Haryana

1

1

1

Faqir Chand (INLD)

5.

Himachal Pradesh

1

2

2

Kripal Parmar (BJP)

6.

Karnataka

4

6

5

1. KB Krishnamurthy

1

(INC) 2. Bimba Raikar (INC) 3. K Rehman Khan (INC) 4. N Rajashekara Murthy (BJP)

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

7.

Name of State

Madhya Pradesh

No. of No. of Seats to Nomibe filled nations Filed

6

7

211

Withdrawal

Contested

1

6

Names of Elected Candidates with Party Affiliation

1. Arjun Singh (INC) 2. Kailashchandra (BJP) 3. Bhagatram (INC) 4. Bhardwaj Hansraj (INC) 5. Maheshwari PK (INC) 6. Vikram Singh (BJP)

8.

Maharashtra

6

10

1

6

1. Apte Balvant Parashuram (BJP) 2. Khan Yusuf Sarvat (INC) 3. Gavi Ramkrishna Suryabhanji (RPI) 4. Nirupam Sanjay Brijkishorlal (Shiv Sena) 5. Patel Praful Manoharhhai (NCP) 6. Jethmalani Ram Mulchand (1ND)

9.

Orissa

3

4

4

1. Birbhadra Singh (BJD) 2. Baijayant Panda (BJD) 3. Mananohan Samal (BJP)

10.

Rajasthan

3

5

4

1. Jamana Devi (INC) 2. Mool Chand (INC) 3. Rama Prasad (INC)

11.

Uttar Pradesh

11

16

16

1. Balvir Kumar Punj (BJP) 2. Rajnath Singh (BJP) 3. Ram Nath Kovind (BJP) 4. Prof. Ram Bakhsh Singh Verma (BJP) 5. Sushma Swaraj (BJP) 6. Ghanshyam Chandra Kharwar (BSP) 7. Sacchidanand Hari Sakshi Ji Maharaj (SP)

MAJOR EVENTS & NEW INITIATIVES

212

S.No.

Name of State

No. of No. of Seats to Nomibe filled nations Filed

Withdrawal

Contested

Names of Elected Candidates with Party Affiliation

8.Janeshwar Mishra (SP) 9. Dara Singh Chauhan (SP) lO.Rajeev Shukla (Akhil Bharatiya Loktantrik Congress) 11.MM Agarwal (IND) 12.

West Bengal

5

6

6

1. Biplab Das Gupta (CPI) (M) 2. Nilotpal Basu (CPI) (M) 3. Dipankar Mukharjee (CPI) (M) 4. Manoj Bhattacharya (RSP)

5. Jayanta Bhattacharya (IND)

213

COUNCIL OF STATES : BIENNIAL AND BYE-ELECTIONS 1996-2000

Bye-Elections to Rajya Sabha 13.

In January 2000, the Commission decided to fill the following three casual

vacancies in the Rajya Sabha through bye-elections along with the biennial elections : Name of the member

Date of

Term of

who resigned

vacancy

office

Karnataka

S M Krishna

14.10.1999

09.04.2002

2. .

Tamil Nadu

R K Kumar

03.10.1999

02.04.2002

3.

Tamil Nadu

T M Venkatachalam

02.12.1999

02.04.2002

13.1

All the above mentioned vacancies were filled in accordance with the

SI. No.

State

1.

following programme :a)

Date of issue of notificaitons

03.01.2000

(Monday)

b)

Last date for filing nominations

10.01.2000

(Monday)

c)

Date for scrutiny of nominations

11.01.2000

(Tuesday)

d)

Last date for the withdrawal of candidatures

13.01.2000

(Thursday)

e)

Date of poll

20.01.2000

(Thursday)

f)

Date before which election shall be 22.01.2000 be completed

g)

Hours of poll

(Saturday)

9.00 A.M. to 4.00 P.M.

13.2 All the seats were filled up unopposed. The names and party affiliations of the elected candidates were as follows :State

Name of the Candidate

Party Affiliation

Karnataka

K C Kondaiah

Indian National Congress

Tamil Nadu

N Siva

DMK

Tamil Nadu

R Subbian

DMK

MAJOR EVENTS & NEW INITIATIVES

214

14.

Again in March 2000, the Commission decided to fill two casual vacancies

in the Rajya Sabha through bye-elections along with the biennial elections, which were to be held for 58 members retiring on 02.04.2000.

Name of the member

Date of

Term of

who resigned

vacancy

office

Jammu & Kashmir Dr. Karan Singh

12.08.1999

29.11.2002

Bihar

13.01.2000

09.04.2002

SI.

State

No. 1. 2. 14.1

Jagdambi Mandal

The above two vacancies were filled in accordance with the following

programme :-

a)

Date of issue of notifications

07.03.2000

(Tuesday)

b)

Last date for filing nominations

14.03.2000

(Tuesday)

c)

Date for scrutiny of nominations

15.03.2000

(Wednesday)

d)

Last date for the withdrawal of candidatures

22.03.2000

(Wednesday)

e)

Date of poll

29.03.2000

(Wednesday)

f)

Date before which election shall be completed

31.03.2000

(Friday)

g)

Hours of poll

9.00 A.M. to 4.00 P.M.

14.2 There were two contesting candidates in each of the above mentioned two bye-elections. The bye-elections passed off peacefully. The following candidates were declared elected :State

Name of the Candidate

Party Affiliation

Bihar

Ven Dhamma Viriyo

Rashtriya Janata Dal

Jammu & Kashmir

Mirza Abdul Rashid

National Conference

CHAPTER IX

STATE LEGISLATIVE COUNCILS

Biennial Elections and Bye-Elections 1996 to 2000

Only four States viz., Bihar, Maharashtra, Karnataka and Uttar Pradesh are having State Legislative Councils. The Third Schedule to the Representation of the People Act, 1950 sets out the strength of each of these Councils and the number of seats to be filled by —

• •

(a)

election by members of the local authorities,

(b)

election by graduates,

(c)

election by teachers,

(d)

election by members of the Legislative Assembly of the State, and

(e)

nomination by the Governor.

According to that Schedule, the Bihar, Maharashtra, Karnataka and Uttar Pradesh Legislative Councils consist of 96, 78, 75 and 108 seats respectively. In accordance with Article 171(4) of the Constitution, the seats allotted to local authorities, graduates and teachers are filled by election from territorial constituencies. 2.

Article 172 of the Constitution provides that the Legislative Council of a

State not be subject to dissolution, but, as nearly as possible, one-third of the members thereof shall retire on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

MAJOR EVENTS & NEW INITIATIVES

216

BIENNIAL ELECTIONS 3.

During the year 1996, biennial elections were held to fill 59 seats in various

Legislative Councils as follows :State

N o . of seats filled by

MLAs

Graduates & Teachers

Uttar Pradesh

-

12

Karnataka

07

04

Bihar

12

10

Maharashtra

05

09

The details of the seats filled, number of contestants and names of elected candidates are given in Appendix I. 4.

During the year 1997, biennial elections were held to fill 13 seats in Uttar

Pradesh Legislative Council. The details of the seats filled, number of contestants and names of elected candidates are given in Appendix II. 5.

During the year 1998, biennial elections were held to fill 30 seats in

Maharashtra Legislative Council as follows :State

Maharashtra

No. of seats filled by

MLAs

Graduates & Teachers

Local Authorities

10

5

15

The details of the seats filled, number of contestants and names of elected candidates are given in Appendix III. BYE-ELECTIONS During the year 1996, bye-elections were held to fill 3 seats in Legislative Councils of Bihar and Maharashtra as follows :

217

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

N o . of seats filled by

State MLAs

Graduates & Teachers

Local Authorities

Maharashtra

01

-

01

Bihar

01

-

-

The details of the seats filled, number of contestants and names of elected candidates are given in Appendix V. Biennial Elections to State Legislative Councils 6.

Again, in 1999, biennial elections were held to fill two seats from Gaya

Graduates' and South Chota Nagpur Graduates' Constituencies in Bihar Legislative Council. These seats were to fall vacant w.e.f. 17.03.99 and were filled in accordance with the following programme :a)

Date of issue of notifications calling the election

10.02.99

(Wednesday)

b)

Last date for making nominations

17.02.99

(Wednesday)

c)

Date for scrutiny of nominations

18.02.99

(Thursday)

d)

Last date for the withdrawal of candidatures

20.02.99

(Saturday).

e)

Date of poll

07.03.99

(Sunday)

f)

Date before which election shall be 12.03.99 be completed

g)

Hours of poll

(Friday)

8.00 A.M. to 4.00 P.M.

The poll in the above constituencies ended peacefully except in one case of polling booth No. 57 of South Chota Nagpur Graduates' Constituency where re-poll was held. The details of the seats filled, number of contestants and names of elected candidates are given in appendix IV.

218

MAJOR EVENTS & NEW INITIATIVES

7.

During the year 1997, bye-elections were held to fill 2 seats in Legislative

Councils of Bihar and Karnataka as follows : State

No. of seats filled by

MLAs

Graduates & Teachers

Local Authorities

Karnataka

-

01

-

Bihar

01

-

-

The details of the seats filled, number of contestants and names of elected candidates are given in Appendix VI. 8.

During the year 1998, bye-election was held to fill one seat in Karnataka

Legislative Council. The details of the seat filled, number of contestants and name of elected candidate are given in Appendix VII. Bye-elections to State Legislative Councils 9.

In 1999, four bye-elections were held to fill one seat in each of the Legislative

Councils of Bihar, Karnataka, and Uttar Pradesh by members of Legislative Assemblies and one seat from Aurangabad Division Graduates' Constituency in Maharashtra Legislative Council. The details of seats filled, number of contestants and elected candidates are given in Appendix VIII.

219

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

Appendix I B I E N N I A L E L E C T I O N T O T H E L E G I S L A T I V E C O U N C I L - 1996 Schedule of Election Bihar Legislative Council from Graduates' Teachers', and by MLAs

Particulars

By Graduates & Teachers

By MLAs

I

II

Date of issue of notification

26.03.1996 (Tuesday)

27.03.1996 (Wednesday)

Last date for filing nomination

02.04.1996 (Tuesday)

03.04.1996 (Wednesday)

03.04.1996 (Wednesday)

04.04.1996 (Thursday)

Date of withdrawal

06.04.1996 (Saturday)

06.04.1996 (Saturday)

Date of poll

28.04.1996 ((Sunday)

15.04.1996 (Monday)

Date of completion of Elections

04.05.1996 (Saturday)

17.04.1996 (Wednesday)

Date of scrutiny

MAJOR EVENTS & NEW INITIATIVES

220

S.No.

Name of Constituency

No. of No. of Seats to Nomibe Filled nations Filed

Withdrawal

Names of Elected Candidates with Party Affiliation

Contested

1.

Darbhanga Graduates'

1

13

13

Nilamber Chaudhary

2.

Tirhut Graduates'

1

7

7

Ram Kumar Singh — Independent

3.

Bhagalpur Cum North Chota Nagpur Graduates'

1

14

14

Diwakar Prasad Singh —

4.

Patna Graduates'

1

11

5.

Kosi Graduates'

1

5

6.

Darbhanga Teachers'

1

7.

Tirhut Teachers'

8.

JD

11

Ramesh Prasad Singh — Samata Party

5

Rajeshwar Lai Independent

11

11

Basudeo Singh — Independent

1

8

8

Narendra Prasad Singh Independent

South Chota Nagpur Teachers'

1

17

17

Shanker Dayal Singh — Independent

9.

Saran Teachers'

1

8

8

Chandrama Singh INC

10.

Patna Teachers'

1

4

4

_

Nawal Kishore Yadav —

JD

221

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

Bihar Legislative Council by Members of Bihar Legislative Assembly (By MLAs) No. of Seats to be Filled

12

No. of Withdrawal Nominations Filed

14

Contested

14

Names of Elected Candidates with Patty Affiliation

Sarfaraz Ahmad - INC Md.Tanvir Hassan - JD Rabindra Kumar Tanti — JD Chandi Prasad - CPI(M) Puneshwar Mandal — JD Rameshwar Rai - JD Hari Shankar Pandit - JD Ramji Prasad Sharma — JD Bhoothnath Soren - CPI Nagendra Prasad Singh - JD Rajendra Nath Sahdeo - BJP Yashodanand Singh — BJP

MAJOR EVENTS & NEW INITIATIVES

222

BIENNIAL ELECTION TO T H E LEGISLATIVE COUNCIL - 1996 Schedule of Election Uttar Pradesh Legislative Council from Graduates', Teachers' and by MLAs Particulars

Graduates' & Teachers'

Date of issue of notification

26.03.1996 (Tuesday)

Last date for filing nomination

02.04.1996 (Tuesday)

Date of scrutiny

03.04.1996 (Wednesday)

Date of withdrawal

06.04.1996 (Saturday)

Date of poll

28.04.1996 (Sunday)

Date of completion of elections

04.05.1996 (Saturday)

223

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

Name of Constituency

No. of No. of Seats to Nomibe Filled nations Filed

Withdrawal

Contested

Names of Elected Candidates with Party Affiliation

l.

Lucknow Graduates'

1

28

28

Bindavasani Kumar BJP

2.

Varanasi Graduates'

1

22

22

Rajesh Kumar Mishra — Independent

3.

Allahabad Jhansi Graduates'

1

22

20

Dr. Yogya Dutta Sharma BJP

4.

Agra Graduates'

1

12

12

Harnath Singh Yadav — Independent

5.

Meerut Graduates'

1

22

18

Hem Singh Pundir "Shisak Neta" — Independent

6.

Garhwal Kumaon Teachers'

1

10

10

Nitya Nand Swami — Independent

7.

Bareilly Teachers'

1

9

7

Ram Babu Shastri — Independent

8.

Lucknow Teachers'

1

6

6

Bhagwan Bux Singh — Independent

9.

Gorakhpur Faizabad Teachers'

1

5

5

Panchanan Rai Independent

10.

Varanasi Teachers'

1

9

9

Shyam Narayan — Independent

11.

Meerut Teachers'

1

5

5

Om Prakash Sharma Independent

12.

Agra Teachers'

1

6

6

Jagvir Kishore Jain Independent

2

4

2

MAJOR EVENTS & NEW INITIATIVES

224

BIENNIAL ELECTION TO THE LEGISLATIVE COUNCIL - 1996 Schedule of Election Karnataka Legislative Council from Graduates', Teachers' and by MLAs

Particulars

Graduates' & Teachers'

By MLAs

I

II

Date of issue of notification

17.05.1996 (Friday)

27.05.1996 (Monday)

Last date for filing nomination

24.05.1996 (Friday)

03.06.1996 (Monday)

Date of scrutiny

25.05.1996 (Saturday)

04.06.1996 (Tuesday)

Date of withdrawal

27.05.1996 (Monday)

06.06.1996 (Thursday)

Date of poll

16.06.1996 (Sunday)

13.06.1996 (Thursday)

Date of completion of elections

22.06.1996 (Saturday)

15.06.1996 (Saturday)

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELFXTIONS 1996-2000

S.No.

Name of Constituency

No. of No. of Seats to Nomibe Filled nations Filed

Karnataka West Graduates'

1

2.

Karnataka South East Graduates'

1

19

3.

Karnataka North East Teachers'

1

18

4.

Bangalore Teachers'

1

9

5.

By MLAs

7

9.

1.

Withdrawal

4

225

Names of Elected Candidates with Patty Affiliation

Contested

4

H.K. Patil INC

6

13

18

Dr. A.H. Shivayogiswamy — BJP

S.G. Namoshi

BJP

1

8

K. Narahari — Independent

9

Dr. V.S. Acharya BJP Smt. Prafulla Madhukar -

JD D.L. Jagadeesh -

JD K.B. Mallikarjun -

JD B.A. Mohiudeen -

JD Prof. A. Lakshmi Sagar —

JD Saleem Ahmed — INC

MAJOR EVENTS & NEW INITIATIVES

226

Appendix II

BIENNIAL ELECTION TO T H E LEGISLATIVE COUNCIL OF UTTAR PRADESH - 1997 Schedule of Election

Particulars

Graduates' & Teachers'

Date of issue of notification

20.01.1997 (Monday)

Last date for filing nomination

27.01.1997 (Monday)

Date of scrutiny

28.01.1997 (Tuesday)

Date of withdrawal

30.01.1997 (Thursday)

Date of poll

06.02.1997 (Thursday)

Date of completion of elections

08.02.1997 (Saturday)

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

1.

Name of State

Uttar Pradesh

No. of No. of Seats to Nomibe Filled nations Filed 13

13

Withdrawal

227

Contested

13

Names of Elected Candidates with Party Affiliation

Ashok Dubey - BJP Ahmad Hasan Samajwadi Party Daya Ram Prajapati Samajwadi Party Nasimuddin Siddiqui— Bahujan Samaj Party Smt. Nirupama — BJP Nem Singh Chauhan— BJP Dr. Mangal Sen Kori BJP Ram Karan Samajwadi Party Ram Sumer Yadav CPI(M) Vrijbhushan Singh Kushwaha - BJP Dr. Shivnath Yadav BJP Sarvashakti Kumar Singh INC Sukhadev Rajbhar — BSP

MAJOR EVENTS & NEW INITIATIVES

228

JAMMU & KASHMIR LEGISLATIVE COUNCIL BIENNIAL ELECTIONS - 1997 Section 52 of the Jammu & Kashmir Constitution provides for the Constitution of a Legislative Council for the State. The Council is not subject to dissolution, but the Constitution envisages that, as nearly as possible, one third of the members thereof shall retire every second year. Section 56 of that Constitution provides for the composition of Jammu & Kashmir Legislative Council, consisting of 36 members, as follows:(a)

22 members to be elected by members of the State Legislative Assembly;

2.

(b)

6 members to be elected by local bodies in the State; and

(c)

8 members to be nominated by Governor.

Section 156 of the Jammu & Kashmir Representation of the People Act,

1957 provides that the term of office of a member of the Council shall be six years. A member chosen to fill a casual vacancy shall, however, serve only for the remainder of the term of his predecessor's office. 3.

Biennial Elections to the State Legislative Council could not be held during

the years from May, 1989 to March, 1997, as the State Legislative Assembly was dissolved and the State was under President's Rule for a long time. As a result, all the 22 seats of members to be elected by the State Legislative Assembly became vacant. Further, the local body elections in the State were also not held for a long time and the six seats to be filled by them in the State Legislative Council could also not be filled, as there was no electoral college. The general election to the State Legislative Assembly of Jammu & Kashmir was held in September, 1996. The new Legislative Assembly was constituted by the Commission on 9th October, 1996. Immediately thereafter, the Commission decided to hold elections to fill the vacant seats in the State Legislative Council. It was noticed that the whole Legislative Council was then constituted of a single nominated member. His term of office was upto 31st March, 1999. All the remaining 35 seats in the Council were vacant.

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

4.

229

These 35 vacancies were to be filled as follows: (a)

22 seats by election by members of the State Legislative Assembly;

(b)

6 seats by election from Panchayats' and Local Authorities' constituencies;

(c)

7 seats by nomination by the Governor.

It was noted that if all the 22 vacancies at (a) above were filled up in accordance with a common programme, the cycle of biennial retirements and biennial elections will be totally disturbed, as all the 22 members would then retire on a single day on completion of their normal term of office after six years. The matter was taken up with the State Government for suitable amendments to law so that the above biennial cycle could be restored. The State Legislative Assembly accordingly amended section 156 of the Jammu & Kashmir Representation of the People Act, 1957 to provide that, out of 22 members to be elected to the State Legislative Council for the first time by the members of the Legislative Assembly constituted in the year 1996, the term of office of :(a)

7 members shall be two years;

(b)

7 members shall be four years; and

(c)

8 members shall be six years.

The term of office of individual members in each of the above three categories was to be determined by draw of lots in public, after the election. 5.

Having regard to this amended law, the Commission held election to fill

22 seats earmarked for election by members of the Legislative Assembly, as per the following programme: (a)

Date of issue of Governor's notification

28.02.1997

(b)

Last date for making nominations

06.03.1997

(c)

Date for scrutiny of nominations

08.03.1997

230

MAJOR EVENTS & NEW INITIATIVES

(d)

Date of poll

(e)

Date before which the election shall be completed

(f) 6.

Hours of poll

17.03.1997

20.03.1997 10.00 A.M. to 4.00 P.M.

31 nomination papers were filed. 5 nomination papers were rejected. 9 seats

were filled uncontested. 7.

After the elections, the Commission notified the 2nd January, 1998 as the

date on which the draw of lots in public was held for determining the term of office of 22 elected members. After the draw of lots, the Commission issued a notification on 13.1.1998 fixing the term of office of seven elected members for two years, of another seven elected members for four years and of the remaining eight members for full term of six years. 8.

Six vacancies in the Legislative Council to be filled by local bodies could

not be filled, as the local body elections have not been held even till date. The remaining seven vacancies have been filled up by nomination of members by the Governor.

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

231

Appendix HI

BIENNIAL ELECTION TO T H E MAHARASHTRA LEGISLATIVE COUNCIL - 1998 Schedule of Election Particulars

By MLAs

Graduates', Teachers' and Local Authorities' Constituency

Local Authorities' Constituency

Date of issue of notification

30.05.1998 (Saturday)

20.10.1998 (Tuesday)

04.12.1997 (Thursday)

Last date for filing nomination

06.06.1998 (Saturday)

27.10.1998 (Tuesday)

11.12.1997 (Thursday)

Date of scrutiny

08.06.1998 (Monday)

28.10.1998 (Wednesday)

12.12.1997 (Friday)

Date of withdrawal

10.06.1998 (Wednesday)

30.10.1998 (Friday)

15.12.1997 (Monday)

Date of poll

18.06.1998 (Thursday)

13.11.1998 (Friday)

29.12.1997 (Monday)

Date of completion of elections

22.06.1998 (Monday)

19.11.1998 (Thursday)

03.01.1998 (Saturday)

MAJOR EVENTS & NEW INITIATIVES

232

S.No.

Name of Constituency

By MLAs

No. of No. of Seats to Nomibe Filled nations Filed 10

15

Withdrawal

Contested

Names of Elected Candidates with Party Affiliation

13

Girkar Vijay Vitthal BJP Chavan Vasant Chotelal INC Deshmukh Ranjitbabu Arvindbadadu — INC Patne Gangadhar Mahalppa JD Pharande Narayan Sadashiv — BJP Mohite Patil Pratapsingh Shankarao — BJP Raote Diwakar Narayan Shiv Sena Wadettiwar Vijay Namdeo — Shiv Sena Pawar Makharam Banduji — Bharipa Bahujan Mahansangh Mehta Arun Dattatraya Independent

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

Name of Constituency

No. of No. of Seats to Nomibe Filled nations Filed

Withdrawal

233

Contested

Names of Elected Candidates with Party Affiliation

3

Prof. Bhaurao Tulshiram Ji Deshmukh — Independent

11

Daigavhane Viswanath Umaji — Independent

13

13

P.M. Patil Independent

1

5

5

Diagavane Viswanath Umaji Independent

1

9

8

Bhalerao Suresh Moreshwar — Independent

1.

Amravati Division Graduates'

1

3

2.

Nashik Divion Graduates'

1

14

3.

Aurangabad Divisiori Teachers'

1

4.

Nagpur Division Teachers'

5.

Konkan Division Teachers'

3

1

MAJOR EVENTS & NEW INITIATIVES

234

S.No.

1.

Name of Local Authorities' Constituency

Jalgaon

No. of No. of Seats to Nomibe Filled nations Filed 1

2

Withdrawal

Contested

_

2

Names of Elected Candidates with Party Affiliation

Sharad Sonu Wani — Shiv Sena

2.

Sangli-cum-Satara

1

2

2

Patil Vishwanath Sharmatao -

INC 3.

Nanded

1

3

3

Kadam Kamal Kishore Nanasaheb INC

4.

Yavatmal

1

3

3

N.P. Hirani INC

5.

Pune

1

2

_

2

More Ramkrishna Sadashiv INC

6.

Bhandara

1

3

3

Agrawal Gopaldas Shankarlal -

INC

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

S.No.

No. of No. of Seats to Nomibe Filled nations Filed

Name of Local Authorities' Constituency

Withdrawal

235

Contested

Names of Elected Candidates with Party Affiliation

1.

Sholaput

1

3

3

Deshmukh Subash Sureshchandra — BJP

2.

Bombay

2

3

3

Sudhir Gajanan JoshiShiv Sena Husain Umer Dalwani — SP

3.

Dhule

1

10

6

4

Raghuwanshi Chandrakant Batesinh — INC

4.

Kolhapur

1

4

2

2

Mahadik Mahadeorao Ramachandra — Independent

5.

Ahmednagar

1

3

3

Gadhakh Yashwantrao Kankarrao INC

6.

Akola-cumBuldhana

1

10

10

Patni Rajendra Sukhanand Shiv Sena

7.

Nagpur

1

4

4

Dhoble Balvantrao Ganpatrap — BJP

8.

Thane

1

1

1

Davkharevasant Shakar — INC

'

236

MAJOR EVENTS & NEW INITIATIVF.S

Appendix IV ELECTIONS TO STATE LEGISLATIVE COUNCILS BIENNIAL ELECTIONS 1999 S.No.

1.

Name of Local Authorities' Constituency

Gaya

No. of No. of Seats to Nomibe Filled nations Filed 01

16

Withdrawal

Contested

01

15

Names of Elected Candidates with Party Affiliation

Arun Kumar Samata Party

2.

South Chota Nagpur Graduates'

01

07

-

07

Awadesh Narayan Singh Bharatiya Janata Party

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

237

Appendix V BYE-ELECTION TO THE LEGISLATIVE COUNCIL - 1996 Schedule of Election Particulars

Maharashtra Maharashtra Legislative Council - Legislative Council Pune Local Authority ByMLAs Constituency

I

Bihar Legislative Council ByMLAs

II

III

Issue of notification

11.09.1996 (Wednesday)

13.11.1996 (Wednesday)

11.09.1996 (Wednesday)

Last date for filing nomination

18.09.1996 (Wednesday)

20.11.1996 (Wednesday)

18.09.1996 (Wednesday)

Date of scrutiny

19.09.1996 (Thursday)

21.11.1996 (Thursday)

19.09.1996 (Thursday)

Last date for withdrawal

21.09.1996 (Saturday)

23.11.1996 (Saturday)

21.09.1996 (Saturday)

Date of poll

28.09.1996 (Saturday)

07.12.1996 (Saturday)

28.09.1996 (Saturday)

01.10.1996 (Tuesday)

12.12.1996 (Thursday)

01.10.1996 (Tuesday)

-

Date of completion of elections

MAJOR EVENTS & NEW INITIATIVES

238

s. No.

Name of State

No. of No. of Seats to NomiVacancy be Filled nations Filed Cause

of

1. Maharashtra ResigLegislative nation Council By MLAs

1

2.

Maharashtra Resignation Legislative Council Pune Local Authority Constituenc) 7

1

4

3.

Bihar Legislative Council By MLAs

1

2

Resignation

Withdrawal

1

Contes-

Names of Elected Candidates with Party Affiliation

ted

1

Hajare Pandiirang Jairamji -

BJP

2

2

2

Shivajirao Jagannathrao Bhosale INC

Ram Nandan Singh -

JD

239

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

Appendix VI BYE-ELECTION TO T H E LEGISLATIVE COUNCIL - 1997 Schedule of Election Particulars

Karnataka Graduates' Constituency

Bihar Legislative Council ByMLAs

I

II

Date of issue of notification

13.01.1997 (Monday)

24.11.1997 (Monday)

Last date for filing nomination

20.01.1997 (Monday)

01.12.1997 (Monday)

Date of scrutiny

21.01.1997 (Tuesday)

02.12.1997 (Tuesday)

Last date for withdrawal

24.01.1997 (Friday)

04.12.1997 (Thursday)

Date of poll

08.02.1997 (Saturday)

11.12.1997 (Thursday)

Date of completion of elections

15.02.1997 (Saturday)

13.12.1997 (Saturday)

MAJOR EVENTS & NEW INITIATIVES

240

s. No.

Name of State

1. Karnataka

No. of No. of Cause Seats to Nomiof Vacancy be Filled nations Filed

Withdrawal

Contested

Death

1

22

16

6

G. Madhusudan — BJP

Resignation

1

2

_

2

Smt. Rabri Devi — Rashtriya Janata Dal

South Graduates' Constituency 2.

Bihar Legislative Council By MLAs

Names of Elected Candidates with Party Affiliation

STATE LEG. COUNCILS i BIENNIAL AND BYE-ELECTIONS 1996-2000

241

Appendix VII

BYE-ELECTION TO T H E LEGISLATIVE COUNCIL - 1998 Schedule of Election Particulars

Karnataka byMLAs

Date of issue of notification

30.05.1998 (Saturday)

Last date for filing nomination

06.06.1998 (Saturday)

Date of scrutiny

08.06.1998 (Monday)

Last date for withdrawal

10.06.1998 (Wednesday)

Date of poll

18.06.1998 (Thursday)

Date of completion of elections

22.06.1998 (Monday)

MAJOR EVENTS & NEW INITIATIVES

242

s. No.

Name of State

1. Karnataka Legislative Council by MLAs

No. of No. of Cause Seats to Nomiof Vacancy be Filled nations Filed Resignation

Withdrawal

Contested

Name of Elected Candidate with Party Affiliation

K. Mallappa Janata Dal

243

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

Appendix VIII STATE LEGISLATIVE COUNCILS' BYE-ELECTIONS HELD IN 1996 Schedule of Election

Particulars

By MLAs - Bihar, Karnataka and Uttar Pradesh Legislative Councils

Aurangabad Division Graduates' Constituency Maharashtra Legislative Council

Date of issue of notification

02.02.1999 (Tuesday)

10.02.1999 (Wednesday)

Last date for making nomination

09.02.1999 (Tuesday)

17.02.1999 (Wednesday)

Date of scrutiny of nominations

10.02.1999 (Wednesday)

18.02.1999 (Thursday)

Last date for the withdrawal of candidatures

12.02.1999 (Friday)

20.02.1999 (Saturday)

Date of poll

19.02.1999 (Friday)

08.03.1999 (Monday)

Date before which elections shall be completed

22.02.1999 (Monday)

12.03.1999 (Friday)

MAJOR RVENTS & NEW INITIATIVES

244

Number of nominations filed, withdrawn and names of elected candidates with party affiliation

s. No.

Name of State

Name of No. of No. of Consti- Seats to Nomituency be Filled nations Filed

Withdrawal

Contested

Names of Elected Candidates with Party Affiliation

-

1

Kumar Rakesh Ranjan Rashtriya Janata Dal

1. Bihar

By MLAs

1

2. Karnataka

By MLAs

1

2

1

1

K. L. Gokarna Janata Dal

3. Uttar Pradesr By MLAs

1

2

1

1

Seema Rizvi Bharatiya Janata Party

Aurangabad 1 Division Graduates'

15

3

12

Kale Vasant Shankar Rao Indian National Congress

4. Maharashtra

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

.

Bye-Elections to Legislative Councils, 2000 In March 2000, 3 bye-elections were held to fill one seat in each of the Legislative Councils of Bihar and Karnataka by members of Legislative Assemblies and one seat from Lucknow Division Teachers' Constituency in Uttar Pradesh Legislative Council. The schedule of elections, details of seats filled, no. of contestants and elected candidates are given in Appendix IX.

245

MAJOR EVENTS & NEW INITIATIVES

246

Appendix IX STATE LEGISLATIVE COUNCILS' BYE-ELECTIONS HELD IN MARCH 2000 Schedule of Election

Programme

By MLAs - Bihar and Karnataka Legislative Councils

Lucknow Division Teachers' Constituency Uttar Pradesh Legislative Council

Date of issue of notification

07.03.2000 (Tuesday)

03.03.2000 (Friday)

Last date for making nominations

14.03.2000 (Tuesday)

10.03.2000 (Friday)

Date for scrutiny of nominations

15.03.2000 (Wednesday)

11.03.2000 (Saturday)

Last date for the withdrawal of candidatures

22.03.2000 (Wednesday)

13.03.2000 (Monday)

Date of poll

29.03.2000 (Wednesday)

02.04.2000 (Sunday)

31.03.2000 (Friday)

07.04.2000 (Friday)

Date before which elections shall be completed

STATE LEG. COUNCILS : BIENNIAL AND BYE-ELECTIONS 1996-2000

247

Number of nominations filed, withdrawn and names of elected candidates with party affiliation Name of State

Bihar

Name of Constituency

By MLAs

No. of No. of Seats to Nomibe Filled nations Filed 01

02

No. of Withdrawals

_

Names of Elected Candidates with Party Affiliation

Ven Dharmma Viriyo -

RJD Karnataka

By MLAs

01

02

Uttar Pardesh

Lucknow Division Teacher' Constituency

01

04

01

B K Chandra Shekhar INC Devi Dayal Shastri IND

PART II NEW INITIATIVES

CHAPTER X

ELECTORAL ROLLS - REVISION, COMPUTERISATION AND IMPROVEMENT OF SYSTEMS Importance and State of Operation Clean and correct Electoral Rolls are essential ingredients of good elections. In the Indian context, the Management of Electoral Rolls, revising them periodically to bring them up to date, is a complex task of vast magnitude. At present, electors on the rolls exceed 620 million. On an average there is a two per cent increase in the number of electors per annum. Constitutional-legal Framework The Constitution of India provides for one general electoral roll for each constituency without making any distinction based on religion, race, caste, or sex. The preparation and revision of electoral rolls is one of the important functions assigned to the Election Commission of India under the existing constitutionallegal framework. The related activities are carried out by the Electoral Registration Officers (ERO) under the "superintendence, direction and control" of the Election Commission of India as per the provisions of the R. P. Act, 1950, Registration of Electors' Rules, 1960 and detailed instructions issued by the Commission from time to time. In the Indian Electoral System, there is provision for intensive, summary, partly summary and partly intensive and special revisions of Electoral Rolls. The

252

MAJOR EVENTS & NEW INITIATIVES

intensive revision involves door-to-door survey of electors by enumerator and a de novo preparation of electoral rolls. Summary Revision is based on the current rolls, which is published as a draft roll, in which additions, deletions and modifications are effected on the basis of claims and objections received and disposed of by the EROs following prescribed procedures. Barring a short period from the last date of nominations and the date of completion of polls, for any election to the relevant constituency, continuous updating of rolls can take place between two revisions. Before General Elections are held, the electoral rolls for the relevant States are revised and updated. Another important aspect of the Indian Electoral System is the provision relating to qualifying date. The law (R.P. Act, 1950) has laid down that First of January of the relevant year shall be the qualifying date for purposes of revision of electoral rolls. Accordingly, only those electors who attain the age of 18 years on the First of January in that year become eligible to be included in the electoral roll revised with this as the qualifying date. Revisions of Rolls between 1996 to 2000 The last intensive revision of electoral rolls was held with 1.1.1995 as the qualifying date in most States and Union Territories in the country. In Jammu & Kashmir, Tripura and the NCT of Delhi, a summary Revision was held while no revision could be taken up in Assam. In view of the General Elections for the Lok Sabha due in 1996, summary revision was held with 1.1.1996 as the qualifying date through out the country. For 1997, an intensive revision was held in Assam and a summary revision in Punjab. No revision was held in the other States and Union Territories in 1997. A special revision of electoral rolls was taken up in late 1998 throughout the country, except Arunachal Pradesh, Goa and Jammu & Kashmir with reference to 1.1.1999 as the qualifying date. A summary revision was held in 1999 with 1.1.2000 as the qualifying date throughout the country except in Jammu & Kashmir. A summary of the revisions held and the States/ Union Territories covered are given in the table below.

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

253

STATEMENT SHOWING TYPES OF REVISIONS UNDERTAKEN IN VARIOUS STATES AND UTs BETWEEN 1996 AND 2000 SI. States/Union No. Territories

1.1.1996

1.1.1997

1.1.1998

1.1.1999

1.1.2000

1.

Andhra Pradesh Summary

No revision

Summary

Special revision

Summary

2.

Arunachal Pradesh

Summary

No revision

Summary

Special revision

Summary

3.

Assam

Summary

Intensive

No revision

No revision

Summary

4.

Bihar

Summary

No revision

Summary

No revision

Summary

5.

Goa

Summary

No revision

Summary

Special revision

Summary

6.

Gujarat

Summary

No revision

Summary

Special revision

Summary

7.

Haryana

Summary

No revision

Summary

Special revision

Summary

8.

Himachal Pradesh

Summary

No revision

Summary

Special revision

Summary

9.

Jammu & Kashmir

Summary

No revision

Summary

No revision

No

10.

Karnataka

Summary

No revision

Summary

Special revision

Summary

11.

Kerala

Summary

No revision

Summary

Special revision

Summary

12.

Madhya Pradesh

Summary

No revision

Summary

Special revision

Summary

13.

Maharashtra

Summary

No revision

Summary

Special revision

Summary

14.

Manipur

Summary

No revision

Summary

Special revision

Summary

15.

Meghalaya

Summary

No revision

Summary

Special revision

Summary

16.

Mizoram

Summary

No revision

Summary

Special revision

Summary

revision

MAJOR EVENTS & NEW INITIATIVES

254

SI. States /Union No. Territories

1.1.1996

1.1.1997

1.1.1998

1.1.1999

1.1.2000

17.

Nagaland

Summary

No revision

Summary

Special revision

Summary

18.

Orissa

Summary

No revision

Summary

Special revision

Summary

19.

Punjab

Summary

No revision

Summary

Special revision

Summary

20.

Raj as than

Summary

No revision

Summary

Special revision

Summary

21.

Sikkim

Summary

No revision

Summary

Special revision

Summary

22.

Tamil Nadu

Summary

No revision

Summary

Special revision

Summary

23.

Tripura

Summary

No revision

Summary

Special revision

Summary

24.

Uttar Pradesh

Summary

No revision

Summary

Special revision

Summary

25.

West Bengal

Summary

No revision

Summary

Special revision

Summary

26.

Andaman & Nicobar Islands

Summary

No revision

Summary

Special revision

Summary

27.

Chandigarh

Summary

No revision

Summary

Special revision

Summary

28.

Dadra & Nagar Haveli

Summary

No revision

Summary

Special revision

Summary

29.

Daman & Diu

Summary

No revision

Summary

Special revision

Summary

30.

NCT of Delhi

Summary

No revision

Summary

Special revision

Summary

31.

Lakshadweep

Summary

No revision

Summary

Special revision

Summary

32.

Pondicherry

Summary

No revision

Summary

Special revision

Summary

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

Major Improvements

and

Initiatives

Background The Commission reviewed the entire gamut of issues relating to revision of electoral rolls as also the efficient and systematic management of the connected activities in a meeting with the Chief Electoral Officers in 1997. In this historic meeting, for the first time, a comprehensive agenda note covering all aspects of the Electoral Roll Management was prepared and presented. The programme of Electors Photo Identity Cards (EPIC), which was started in 1994, was followed by an intensive revision of the electoral rolls in 1995. It was noted that in some cases electors issued identity cards did not have their names in the electoral rolls prepared after intensive revision in 1995. Consequent on introduction of the scheme of Electors' Identity Cards, the Commission also considered it necessary to have a coordinated approach to the management of this scheme with the revision of electoral rolls. The Commission also placed a comprehensive note on the subject in a meeting with the recognized National and State Political Parties held at New Delhi in May 1997. On the basis of detailed interaction with the Chief Electoral Officers and the Political Parties and its own comprehensive review, the Commission launched a number of initiatives for improvement and systemization of the activities related to revision and updating of electoral rolls in the country. The major activities and initiatives and the specific improvements effected over the last four years are indicated in the following paragraphs. Computerisation of Electoral Rolls In view of the vast numbers of electors involved and the need for regular revision — both as a normal activity for updating the rolls and also as a necessary input for major electoral events like Elections to Lok Sabha and State Legislative Assemblies, the Commission decided in August 1997 to take a nation-wide programme for computerisation and comprehensive improvements of the system of management of electoral rolls.

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Apart from the high volume of data — 620 million-plus electors at the current count — the computerised solution had also to contend with the challenge of handling multiple Indian languages. At the time of initiating the programme for computerisation of electoral rolls, there was no precedent or experience in taking up a nation-wide standard Information Technology (IT) solution for management of data of such vast numbers and in multiple scripts in the Indian languages. A core team of experts in the Commission developed draft standards for the Information Technology Solution and discussed this with the Chief Electoral Officers and other senior election functionaries and IT professionals from different State IT organizations in six Regional Conferences. On the basis of inputs received from these regional conferences, the Commission made suitable modifications and revisions in the initial draft standards. The Commission also took up prototyping of the Software Solution in the Gurgaon District with the help of Haryana Electronic Corporation (HARTRPM). The Proof of Concept and prototyping was completed under the direct supervision of experts from the Commission. This was a part of the core strategy adopted by the Commission and helped immensely in rapidly implementing the programme in other States and Union Territories. The various standards developed by the Commission in close coordination with the field officers and the IT professionals at various levels, included specific standards for implementing the Indian Language components of the solution with facilities for sharing data across geographic, administrative and linguistic boundaries. For this purpose, the Commission prescribed adoption of ISCII, the Indian Standard Core for Information of Interchange and the INSCRIPT Key Board, as both are standards of the BIS (Bureau of Indian Standards). The Commission also indicated clear standards for Operating System, Data Storage in the Relational Database model. As for the-data content, the Commission provided in its Standard Documents, a complete list of Tables with various Data Elements clearly defined. An important feature of the data content was a comprehensive coding strategy for various geographic and administrative units in as much as this impacted the electoral rolls management system at various levels. The coding was essential not merely for the Electoral Roll System but also for the programme of EPIC and management of electoral events like Parliament and Assembly Elections.

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

The key change introduced by the Commission in its approach was to look at the electoral rolls not as a simple printed text but as a database which could be regularly updated through a computer-based solution while maintaining the integrity and continuity of data from one revision to another. For this purpose, the format and the layout of the electoral rolls itself was defined clearly with samples provided to the Chief Electoral Officers. In this context, it may be relevant to indicate that while the electoral rolls were being prepared throughout the country on the basis of common procedures prescribed in the Commission's instructions, over a period of more than 40 years, various deviations have crept into the method of implementation in the field in different States and Union Territories. The Commission took note of this on the basis of review of the sample electoral rolls from different States and Union Territories. Apart from the layout, look and face of the printed electoral rolls, the quality, particularly in terms of the easy readability and quick location of names within the rolls, was not uniform throughout the country. Therefore, the Commission prescribed a standard format for the printed electoral rolls with several major improvements and new features. First and foremost of this was the fact that these printed rolls were to be produced by processing the data available in the database relating to the electors and various other data elements as mentioned earlier. Essentially therefore, these were computerised reports rather than simply printed texts. Further, the Commission enriched the content of the report by providing summary of the data at the Assembly Constituency level and also at the level of each Polling Station. Accordingly, a title page was provided at the Assembly level for the electoral roll and, similarly, a header portion was provided for each Polling Station. A summary of the number of cases involving additions, deletions and modifications has been included with an indication of the net number of electors in the relevant part or the Assembly Constituency. Another important innovation introduced along with the revision of the format is to provide for scoring out names of electors deleted through the computerised system and reducing the scope for any mischief by way of arbitrary or unauthorized manipulation, particularly on the eve of an electoral event. In the title page of the Assembly Constituency, an indication of the area covered by the Constituency as per the original delimitation order and any

257

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MAJOR EVENTS & NEW INITIATIVES

subsequent changes in the nomenclature of the administrative and geographic units is also given. A break-up of electors by sex — men and women, as well as the total number of parts in the Constituency, is also included in the summary information.

Integration with the Programme of Electors' Photo Identity Cards (EPIC) The Commission had initiated a major scheme for providing identity cards to electors in terms of statutory provisions. However, after the intensive revision of 1995, discrepancies within the electoral rolls and the identity cards were brought to the notice of the Commission. Accordingly, the Commission while formulating the programme for computerisation of electoral rolls took a historic decision to enrich the contents of the electoral rolls by adding the Electors' Photo Identity Card Number (EPIC No.) against those electors for whom such a card has been issued. An elector is entitled to receive an identity card only if he is included in the electoral rolls and, therefore, it was important to harmonize the two programmes — those of Electoral Roll Management and Electors' Photo Identity Cards. Further, this also took care of another important dimension of the EPIC programme in as much as the cards issued in one constituency, could also be made use of in another constituency where the elector was currently listed. The Commission, thus, took the first step for integration of these two major programmes and also made Electors' Photo Identity Cards valid throughout the country with a unique number for an elector for his lifetime. Decentralised Maintenance The computerisation of electoral rolls was designed from the initial stage with a view to manage it in a decentralised manner at the district. The number of districts in the country is slightly larger than the number of Parliamentary Constituencies. However, both in the general administration and in the electoral system, districts are the most effective and fundamental unit with a common pattern throughout the country. While for the general administration, we have an I.A.S. officer as District Magistrate, District Collector or Deputy Commissioner; the officer also functions as District Electoral Officer (DEO). While the electoral

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

roll management is the statutory responsibility of the Electoral Registration Officer, the Commission, considering the large numbers involved, considered it appropriate to start at a reasonable level for computer infrastructure for the electoral roll management at the district level. The same infrastructure is also to be used for managing the programme of Electors' Photo Identity Cards and also to manage the information system for major electoral events like Parliament and Assembly Elections. Deliverables The computerisation of electoral roll programme defined the deliverables for the revision activities both at the initial stage and on a continuing basis in very clear terms. It has been envisaged that the system and the programme will yield a computer database for all the electors for the Assembly Constituencies in the district at the district computer infrastructure. A master copy of the printed electoral roll would be produced after each revision and multiple printed copies produced for distribution to political parties and for use during electoral events. A back up of the relevant database would be available in CD-ROMs at the district level. Another important component of the deliverables was defined as a CDROM for Publication and Distribution (CD-ROM - PS). One or more CD-ROM is to be produced for each Parliamentary Constituency for sale to the public. A standard for the CD-ROM has also been prescribed. This CD-ROM contains an exact copy of the printed electoral roll with a user friendlyinterface following the standard Internet Browser model. The user of the CD-ROM does not require any extra software to access the contents and can view and print the electoral roll on the computer screen or printer. In this process, the Indian Election Commission has charted new paths in making innovative and effective use of Information Technology for electoral management and as well as providing an easy-to-use IT data product for various stakeholders in the electoral system — political parties, candidates, voting public and the election machinery. The CD-ROMs (PS) are available for sale to the public. The question of providing free copies of these CDROMs as a standard deliverable to the eligible political parties at the end of revision process is under the consideration of the Commission.

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Progress Computerised electoral rolls are available for all the major States barring Bihar and Assam. The programme is yet to be taken up in Jammu & Kashmir on account of some problem in Urdu language. Of the 620 million electors, electoral roll data is available for more than 500 million in a standard format. CD-ROMs have also been produced for more than 400 Parliamentary Constituencies and many States have produced the first set of CD-ROMs for all their constituencies. These include Andhra Pradesh, Gujarat, West Bengal, Himachal Pradesh, Meghalaya, Mizoram, Tamil Nadu, Chandigarh, NCT of Delhi and Pondicherry. In terms of the overall strategy of the Commission to set up necessary computer infrastructure to manage programme in a decentralized manner, several States have completed a task of setting up district computer units for this purpose. These include Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Orissa, Punjab, Tamil Nadu, Uttar Pradesh, West Bengal and NCT of Delhi, among others. In the NCT of Delhi, the Commission has taken the programme a step further by setting up facilities for each of the EROs — typically Sub-Divisional Magistrates, for all the 70 Assembly Constituencies. All these computer facilities at Delhi will be inter-linked to provide a model solution for the management of the programme of the computerized electoral roll as well as to provide online Electoral Photo Identity Cards (EPIC) to electors throughout the year on a continuous basis. These facilities are expected to become fully operational by the year 2001. Considering the immense complexity in terms of the technology solutions and the magnitude of the data involved, it is gratifying to note that a high quality, state-of-the-art information technology solution had been completed across the country in a short period of about 2 years. This has happened in spite of the fact that the Commission had to conduct two General Elections for constituting new Lok Sabha and a number of State Assemblies during this period.

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

Key Elements of Success The Computerisation of Electoral Rolls programme has already undergone three iterations in 1997, 1998 and 1999. The bottlenecks and drawbacks, which emerged in the initial year of the programme, have been substantially removed and the Commission's objective of preparing an accurate, clean and error free roll has been substantially achieved. The key elements in the success of die programme are: 1.

Prescription of standards in detail

2.

Identification of clear deliverables

3.

Clear identification of the role of different organisations and functionaries: CEO, DEO, ERO, State Level Agency (SLA)

4.

Appointment of State Level Agencies

5.

Training of key functionaries of CEOs/SLA

6.

Appointment of IT savvy Joint CEOs to focus on this activity

7.

Prototyping and proof of concept under direct supervision of ECI

8.

Effective interaction with field functionaries and continuing support to tackle technical and operational requirements.

9.

Close and comprehensive supervision and monitoring

Special Revision of Rolls, 1999 The computerisation of electoral rolls was started in late 1997 and the first round of revision, with 1.1.1998 as the qualifying date, was covered under this programme. Encouraged by the good response in the field and the progress achieved, the Commission decided to further improve and consolidate the revision process itself by a major initiative to streamline field operations and to effect some system changes before undertaking the next round of revision with 1.1.1999 as the qualifying date.

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MAJOR EVENTS & NEW INITIATIVES

This revision of 1999 was undertaken as a special revision on account of the various special arrangements introduced in the revision process. In the normal summary revision, field staff are expected to be present at the Polling Stations, at the designated locations for about a month. However, in actual practice, this facility was not available uniformly. In order to ensure that citizens wishing to enroll as electors or applying for any modifications could be provided a reasonably good quality service, the Commission decided to ensure that each designated location was properly staffed and full facilities were available during a fixed and pre-announced period. For this purpose, the Commission took a major historic decision to take the special revision in a campaign mode. Broadly following the pattern of the Pulse Polio Campaign,

operating nation-wide as a very successful mass

immunization programme for some time, the Commission decided to organise the special revision with two special campaign periods falling on Saturdays and Sundays. The first campaign was fixed for 24th and 25th April, of 1999 and second for 8* and 9th of May, 1999. While the total period for filing claims and objections spanned for at least two weeks, it was ensured that, at least on the two special campaign periods, full complement of staff was available at each of the designated locations set-up for this purpose. Adequate designated locations, mostly in the Polling Stations close to the residence of relevant electors were set up. In these designated locations, copies of draft electoral rolls were available and all the forms required by electors for addition, deletion and modification were provided, with staff assisting them to complete the same. In each case, an acknowledgement was issued to the elector which could be used as reference to check the final decision of any application. An elaborate system of monitoring and supervision of the entire process was put in place. A novel feature of the mechanism was the scheme of unique Personal Identity Number (PIN) provided to each of the staff deployed in the revision process. The PIN and the name of the relevant staff was mentioned in all the monitoring forms. This was also given in the acknowledgement issued to the elector so that in future any lapse could be easily traced to the relevant staff deployed during the revision.

The field staff were required to give regular reports

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

263

to the District Electoral Officer, who in turn sent consolidated reports for their districts through CEOs. The Commission was aware that quite a few electors had also requested for rectifying wrong entries in the Identity Card, already issued to them.

For

this purpose, a special form was prepared and made available to the electors to submit their requests for such rectification. In order to make the entire operation successful, massive publicity and awareness campaign was launched by the CEOs and DEOs through the Print and Electronic Media as well as through field publicity. Revision of Forms Along with the special revision, the Commission also took a major historic initiative to comprehensively revise all forms connected with revision process. These forms were carefully designed by a team of experts in the Commission. The forms are well structured, with separate panels for groups of data items and adequate space for filling them up by hand. The major improvements introduced in the forms include a provision for complete address of the electors which would help in verifying various claims and objections.There is provision to indicate the Electors Photo Identity Card Number as this has become an integral part of the electoral rolls as mentioned earlier. Further, data on any member of the family already included in the roll is also included in the forms for easy verification and also for eventual consolidation and integration of the supplementaries with the Mother Roll. In the process, all family members can be listed together.

A separate

portion is also provided in the forms for internal use by the Electoral Registration Office to record the findings of any inquiry and the final decision. Further, all the forms have been designed in such a mannner that these can be conveniently used for the computerisation process. The Commission forwarded the new design of various statutory forms to the Government in the Law Ministry. The latter has since notified the changes in the forms through appropriate amendments in the Registration of Electors Rules.

MAJOR EVENTS & NEW INITIATIVES

These forms have already been used in the special revision in 1999 as also in the summary revision in 2000. All the forms have been translated in the local languages by the CEOs concerned before being used in the field operations. Monitoring and Supervision The Commission issued comprehensive instructions for close monitoring of the data compiled during the campaign process. On the basis of the analysis of this data with reference to the state averages and any deviation from the same, as well as any indication of an unusually high level of the applications received, a special review of the relevant Assembly Constituencies or areas was initiated. In a few cases, the Commission deputed its senior officers to make field enquiries. The Commission took this step on the basis of the detailed analysis of data and indication of attempts to stuff the rolls in a few places. Management of Operations A key strategy adopted by the Commission was providing comprehensive and clear guidelines for these operations, which covered all aspects of the programme in great detail. In order to manage the operations, the election machinery at all levels — district, state and at Commission also made extensive and intensive use of computers. The special revision of 1999 has been a major step forward in making the electoral rolls clean and correct and in providing the citizens with a reasonable quality of service at the required threshold, close to their residences. Polling Stations - De-congestion of Polling Station Location The Commission had issued standing instructions that in urban areas not more than four Polling Stations and in rural areas not more than two Polling Stations, should be located in one building or premises. However, over the years these norms had not been strictly followed in the field and quite a few cases of location of large number of Polling Stations in the same building or premises came to the notica of the Commission. This was considered to be inappropriate and detrimental to the conduct of free and fair polls. In case of any major law and order problem or any vitiation of poll process, the entire location could be affected.

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

Keeping this in mind, the Commission initiated a comprehensive review in this regard through its CEOs and launched a major drive for de-congestion of Polling Stations in various locations to eventually bring them within the norms prescribed. In the first instance, the Commission directed that over-crowded Polling Station locations be de-congested by reducing the total numbers in the urban areas to five and in rural areas to three. As a result of this initiative of the Commission and its comprehensive reviews, several Polling Station locations were de-congested. The Commission hopes to continue this exercise for further improving the situation in the field. Revision of Rolls in Assam — Special Problems The problem relating to the revision of Electoral Rolls in Assam has been complex and difficult. The matter relating to citizenship status of some of the residents in the State has been a matter of contention amongst various groups. The matter has been agitated before the High Court of Assam as also the Supreme Court. In view of this complexity, no intensive revision could take place in Assam during 1995, even though such an intensive revision was undertaken in most States and Union Territories in the country. It is relevant to point out that determination of citizenship of any individual had to be settled under the relevant laws applicable in the State and competent authorities had been prescribed for this purpose. In order to find a workable arrangement, the Commission had detailed discussions with the Home Ministry at the level of senior officers in several rounds. Thereafter, the Commission considered the various issues involved from different perspectives and also took into account various judgements of the High Court and Supreme Court before taking up an intensive revision in the State in 1997 with reference to 1.1.1997 as qualifying date. In this context, the Commission issued detailed guidelines to the Electoral Registration Officers in the State on 4.2.1997 keeping in view a series of judicial pronouncements in this regard. These Included orders dated 28.1.1994 and 1.2.1994 of the Hon'ble Gauhati High Court in the case of H.Kyi. Chaudhury Vs. Ulection Commission of India and Others (Civil Rule Nos. 1566, 1616, 1836 and 2814 of 1993),

which was upheld by the Hon'ble Supreme Court by its judgement and order dated 5.5.1994 in Civil Appeals No.4171-4180 of 1994 arising out of SLPs (Civil)

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MAJOR EVENTS & NEW INITIATIVES

No. 2484-85 of 1994, and the judgement and order dated 6.2.1995 of the Hon'ble Supreme Court in the case of Lai Babu Hussain and Others Vs. Electoral Registration Officers and Others (1995 (3) SSC 100).

The Hon'ble Gauhati High Court has held in the case of

H.R.A.

Chaudhury Vs. Election Commission and Others (Supra) (upheld by the Hon'ble Supreme Court of India) that — "the draft rolls are to be prepared on the basis of the statements submitted by the heads of the households in a constituency in Form 4 under Rule 8 of Registration of Electors Rules, 1960. The statement made by a Head of the Household has its own value and can not be lightly brushed aside. Rules do not contemplate any inquiry into the question of citizenship at the stage of preparation of draft roll, although there is provision for objection after the draft roll is published on the ground that a person who is not a citizen of India has been erroneously included." The Hon'ble Supreme Court has held in the case of Lai Babu Hussain and Others Vs. Electoral Registration Officers and Others (Supra) that —

"Thus, the question whether a person is a foreigner is a question of fact which would require careful scrutiny of evidence since the enquiry is quasi-judicial in character. This question has to be determinded by the Central Government, vide Government of Andhra Pradesh Vs. Syed Mohd. Khan 1962 Supp. 3 SCRR 288 and State of U.P. Vs. Rehametullah (1971 (2) SCC 113). Through its guidelines, the Commission directed the Electoral Registration Officers to have local verification made for those persons whose citizenship status was doubtful. After the receipt of local verification report, if the Electoral Registration Officer was not satisfied about the genuineness of the citizenship status of a person, he was required to refer the matter to the Competent Authority under the Illegal Migrants (Determination by Tribunal) Act, 1983 or the Foreigners Act, 1946, as the case may be. After the case had been

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

referred to the Competent Authority, the ERO was to wait for final decision of the Tribunal. Accordingly, about 73,101 cases were referred to such authorities by EROs. The Commission, on further clarification sought by the Chief Electoral Officer, directed that in cases which had been referred to Competent Authority and where decisions of Tribunals were pending, the names of such persons should continue to be in the finally published electoral rolls, but the letter "D" (meaning doubtful/ disputed) shall be indicated against such names and a footnote " D " meaning doubtful/disputed added at the bottom of each relevant page of the electoral rolls. When decisions of the Tribunals in any cases are received, the names are either retained or deleted from the electoral rolls as per the final findings of such Tribunals on the citizenship issue. The Commission also directed that such electors whose names were included in the electoral rolls but the word "D" was indicated against their names would neither be allowed to contest nor vote at any election to the House of People or the Legislative Assembly, for the reason that their citizenship was doubtful and cases pending before the appropriate Tribunals under the specified Acts mentioned earlier. These directions of the Commission were challenged before the Supreme Court in Jamayat Ulema-E-Hind Vs. Election Commission of India <& Others (W.P.

No. 45/1998). The Supreme Court, by its order dated 13.2.1998, decided not to stay these directions, though it admitted the writ petitions which are still pending. Although no summary revision or special revision was undertaken in Assam in 1998 or 1999 respectively, the rolls in the state were summarily revised with 1.1.2000 as the qualifying date. Co-ordination with State Election Commissioners In terms of the 73rd Amendment of the Constitution, State Election Commissions have been formed and states are required to hold regular elections for the local bodies. Most of the states have passed appropriate legislation for conduct of elections to the Local Bodies — Panchayats and Municipalities. These legislations have provisions for adopting electoral rolls prepared by the Election Commission of India for elections to local bodies. While some of the state laws

267

MAJOR EVENTS & NEW INITIATIVES

provide for using the Election Commission's rolls as a draft document and going through a formal process of revision for preparing the electoral rolls of local bodies, others adopt the same in toto only regrouping the electors according to the Wards and Polling Stations of the relevant panchayat or municipality. Consequent upon computerisation of electoral rolls by the Election Commission of India and the availability of databases, many of the State Election Commissions have requested the Commission to allow use of these databases for generating the electoral rolls of state local bodies. This has also been discussed in detail with the State Election Commissioners and there is a broad consensus that there should be only one common electoral rolls. The Election Commission of India, being the National Electoral Management Body, will prepare the electoral rolls and maintain it. The corresponding databases would be made available to the State Election Commissions to generate from the same, electoral rolls for relevant local bodies without any separate revision process. This was also discussed in detail as an agenda item in a conference of the Political Parties held on 29th of April, 2000 in the Election Commission of India. There was unanimity on having a common electoral rolls for national and state elections as well as election to local bodies. The Commission proposes to follow it up with the Ministry of Law and the State Governments for appropriate amendments to the legal provisions so that no ab initio revision will be taken up by any State Election Commissioners as this would be in the larger interest of the nation and result in substantial savings both in terms of financial expenditure as also in the human efforts by way of mobilizing a number of staff for the revision of process. Future Directions As indicated earlier, the Commission has introduced comprehensive system changes and improvements in the management of electoral rolls and have effected several improvements in the same. India is among the very few countries, which has a Standard Computerised-based Solution for management of electoral rolls for the whole country. In spite of huge volumes of data and multiplicity of languages and scripts, the amount of work already completed is truly monumental in its

ELECTORAL ROLLS - REVISION, COMPUTERISATION ETC.

proportions in as much as 500 million electors are already included in the computer database. The Commission has, in the process, implemented a state-of-the-art Information Technology Solution for a very vital component of Electoral Management and Administration. It has not only charted new paths in the technology and operations management for the election domain in the whole world, but also demonstrated its commitment to a highly professional approach in managing this complex task in the best possible manner using the latest Information Technology tools.

269

CHAPTER XI

ELECTRONIC VOTING MACHINE

INTRODUCTION The Election Commission of India has been trying to bring improvements in the election procedures taking advantage of the scientific and technological advancements. Keeping this in view, the Commission in 1977, suggested to the Electronics Corporation of India Ltd. (ECIL), a public sector undertaking, to design voting machine to suit Indian conditions. The Electronics Corporation of India developed a proto-type of an electronic voting machine and its working was demonstrated to representatives of political parties on 6th August, 1980. The general reaction of representatives to the use of this machine was favourable and they agreed with the Commission that the new system of voting would ensure more efficiency and secrecy and there could be all round saving of recurring expenditure from the public exchequer and of the candidates and commendable reduction in time involved in the conduct of elections. The working of the machine was also demonstrated to all the Chief Electoral Officers. In January 1981, the Bharat Electronics Ltd., Bangalore, another public sector undertaking, wrote to the Commission stating that they had also developed an Electronic Voting Machine which had been successfully used in some union

972

MAJOR EVENTS & NEW INITIATIVES

elections, held in their factory, in which about 12000 people had voted. They further stated that this machine could be used in elections to the House of the People and State Legislative Assemblies also. The working of the machine was demonstrated to the Commission in April 1981. The machines developed by the two agencies were also demonstrated to the Chief Electoral Officers in July 1981. Subsequently, the Commission discussed with representatives of the two Corporations and evolved a common design for the machine. The voting machines developed by Electronics Corporation of India Ltd., and Bharat Electronics Ltd., provided full safeguards for secrecy of ballot and speedy recording of ballots of electors in the polls and finally, at the time of counting, almost instantaneous results. Initial use of Electronic Voting Machines These machines were used for the first time during the general elections to the Kerala Legislative Assembly held in May 1982. To start with, Electronic Voting Machines were used in 50 polling stations of Parur assembly constituency in Kerala. Thereafter, these machines were used in 1982-83 in 10 other constituencies spread over 8 States in different parts of the country, including some difficult areas in the North-East. The number of polling stations involved ranged from 12 to 159. It was found that voting by means of these machines was quite simple and much faster than the conventional system. Counting was also very easy and hassle free. Court Ruling — Need for Change in Law These machines could not, however, be used after 1983 as the Supreme Court ruled in an election appeal, arising out of the election petition relating to the above-referred election from Parur assembly constituency in Kerala, that there should be specific provision in the law providing for use of Electronic Voting Machines in elections. Amendment to Law On recommendation of the Election Commission, Parliament in December 1988 amended the Representation of the People Act, 1951 to provide

ELECTRONIC VOTING MACHINE

for the use of Electronic Voting Machines. The amended provision, by way of a new section - 61-A, come into force with effect from 15th March, 1989. The relevant section is quoted below : "61A. Voting machines at elections. — Notwithstanding anything contained in this Act or the rules made there under, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify. Explanation - For the purpose of this section, 'Voting machine' means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election." Amendments of Conduct of Elections Rules In pursuance of the above amendment to the Representation of the People Act, 1951, the Central Government, in consultation with the Election Commission also amended the Conduct of Elections Rules, 1961 through its notification dated 24th March, 1992, by inserting a new Chapter II in Part IV (Rule 49 A to 49 X) for facilitating the use of Electronic Voting Machines. Finalisation of Design Meanwhile, the Commission had been in constant interaction with the two Central Government undertakings, namely, Electronics Corporation of India Limited, Hyderabad (ECIL) and Bharat Electronics Limited, Bangalore (BEL) for improvement of the design and provision of additional facilities in the EVMs in the light of the experience gained at the elections in which the machines were used in 1982-83. The Commission ultimately finalised the design and model of the existing EVMs in May 1989.

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Reference to Expert Committee The matter regarding use of EVMs was referred by the Government to the Electoral Reforms Committee, appointed by the Central Govt. in February 1990, and consisting of representatives of several recognised National and State Parties.

The machines were demonstrated before that Committee and though

the Committee was satisfied about their functioning, it, in turn, appointed another Technical Experts Committee for technical evaluation of the machines. The Technical Experts Committee examined the machines minutely from all technical angles and recommended the use of the machines without further loss of time. Based on this report of the Technical Experts Committee, the Committee on Electoral Reforms recommended to the Govt. in May 1990 that the machines should be put to use at all future bye-elections and general elections to Lok Sabha, State Assemblies and also Panchayat and local bodies. Consultation with Political Parties After putting necessary legal and procedural framework in place, the Commission, before introducing the use of Electronic Voting Machines, wanted to have the views of Political Parties and proceed further on the basis of a broad consensus. To this end, it wrote to all the recognised Political Parties in December 1995 to indicate their views regarding the use of EVMs for elections. While a larger number of Political Parties gave a positive response for experimental introduction of the EVMs in select constituencies, particularly those of an urban character, a few parties had strong reservations in the matter and the proposal did not find favour with at least one National Party and one state recognised party. In the absence of a clear consensus and a firm commitment from the political spectrum, the Commission was somewhat constrained in the matter. Consequently, the EVMs could not be used in the General Elections in 1996. Discussion with Chief Electoral Officers This matter also came up for discussion in the Conference of Chief Electoral Officers held in January 1997. In this meeting, it was agreed that the matter could be discussed with Political Parties in the meeting, which was

ELECTRONIC VOTING MACHINE

275

scheduled to be held later in the year. Accordingly, in the meeting with recognised State Political Parties held in New Delhi on 12th April, 1997, a detailed note on the use of EVMs was included as part of the Agenda Papers. This was discussed at length but the position, as mentioned earlier, remained unchanged.

There

was no clear consensus among the parties on the issue. A few days before the conference, an interesting incident within the Parliament cast its shadow on the technology of electronic voting. Electronic voting system in the Parliament malfunctioned during a crucial Vote of Confidence. This caused a flutter in the media and the political spectrum. In the meeting, after detailed discussions, while the Political Parties did not reject proposal of the Commission to start using the EVMs, they did not give a firm and unanimous go ahead either. Objection by CAG Commission had procured 1,50,000 EVMs during November 1989 — March 1990 at a cost of 735 million rupees. The Comptroller and Auditor General of India through its examination of the accounts of the State and Central Governments took notice of the huge investments in the procurement of EVMs. These machines were stored in different States and Union Territories and substantial amount was also being spent for rent and other incidental expenditure on this account. The Comptroller and Auditor General of India in the report for the year ending March 1997, in a separate section on "Idle Electronic Voting Machine valued 73.5 crores", highlighted the non-utilisation of EVMs for almost a decade. While the Commission was constrained on account of lack of consensus in the political spectrum, it had to meet the objections of the CAG and furnish various details throughout 1998. The Commission constantly reviewed the possibility of introducing EVMs, in select constituencies from time to time. The Commission could not, however, use the EVMs in General Elections, 1998, as these were held in a very tight schedule after the premature dissolution of the Lok Sabha in December 1997 and total time available for completing the electoral process was only about three months.

MAJOR EVENTS & NEW INITIATIVES

276

Historic Decision to use EVMs Finally, the Commission took a historic decision to go ahead and start use of EVMs for assembly constituencies in November 1998. For this purpose, after detailed review of all relevant factors, the Commission selected 16 assembly constituencies spread over three states — Madhya Pradesh, Rajasthan and NCT of Delhi. These constituencies were carefully chosen on the basis of their compact urban character and good literacy and adequate infrastructure to manage the logistics for introducing EVMs for elections. List of these constituencies is given at Statement-I. Introduction of EVM — Challenges and Strategies The successful launching of this programme was a challenging task for the Commission. For the first time, sophisticated technology was being introduced in the electoral sector and this involved a well coordinated action plan keeping in view specific requirement of stake holders. The most important were the voting public, apart from the political parties, the candidates, their agents and the vast number of electoral staff directly involved in the elections work in these constituencies. The action plan of the Commission was carefully drawn. All the relevant manuals required for the new type of voting were prepared and circulated to all concerned. Detailed arrangements were made for training of the staff. For this purpose, the engineers and technical staff of the manufacturers and senior officers of the Commission conducted training programme for the key functionaries of the election machinery in the three States. After completing the training for the trainers, the next phase of large-scale training of electoral staff was undertaken in a systematic and comprehensive manner. On the basis of continuous supervision and review, the Commission enhanced the contents of hands on training. It ensured that every single official involved in the elections using EVMs had adequate practical training and actually got the opportunity of using the EVMs and became fully familiar with all aspects of the operation. The Commission launched a multi media awareness campaign and used all possible means to ensure that the voting public had a reasonable idea about the new method of voting. A massive awareness

ELECTRONIC: VOTING MACHINE

campaign was launched through the State owned electronic media - Doordarshan and All India Radio. Press advertisements, posters, hoardings and handbills were utilised to reach the message to the public. Besides, the Commission in order to provide the voting public a degree of familiarity with the machines before the actual date of poll, organised a large number of public demonstrations of the machines at various strategic locations frequented by the common people. In order to remove any doubts in the minds of the political parties, contesting candidates and their agents, special trainings and demonstrations of the machines were organised for them by each RO. Apart from the familiarity with the use of the machines, certain specific aspects like preparation of the machines by the RO and its sealing in the presence of the candidates or their agents and similarly the preparation of the machines at the polling station and the final sealing was also explained in detail and demonstrated. Adequate number of machines including a few to be kept in reserve to meet contingencies was made available to each of the ROs. In the mean time, the Commission also approved the design of a new battery prepared by the BEL. This consisted of standard alkaline batteries placed in a separate pack, which could be easily inserted into the machine. This new design of the battery using readily available off-the-shelf material was a major improvement over the earlier model of magnesium battery. The Commission also made detailed arrangements for testing of each machine with the help of staff from the manufacturers. This was necessary, as the machines had not been used for almost a decade. The machines were extensively used during the training sessions and their operation was verified. Before the actual poll, the RO while procuring machines ensured that all the components worked satisfactorily and these were deployed on the polling day. Finally on the 26th of November, 1998, the first historic use of Electronic Voting Machines took place in these 16 constituencies. The Commission closely monitored the use of the machines on the poll day and provided necessary guidance to the concerned electoral staff.

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MAJOR EVENTS & NEW INITIATIVES

In order to ensure that during the poll day there was no difficulty, a few polling stations were grouped together for supervision. A sector officer was required to keep a close watch on the actual poll process to remove any difficulty in the actual operation of the machine. Certain spare machines were kept handy for immediate deployment as substitute in case of any difficulty. It was gratifying that in all the 16 constituencies with 2930 polling stations, the EVMs worked efficiently and smoothly without any problem. It was not merely the Commission but the entire media, the political spectrum and the entire voting population was closely watching the outcome of this historic experiment. The use of the machines was an unqualified success and found favour with all concerned, the political parties, candidates, the election staff and voters. Every one appreciated the use of the EVMs. It was a measure of the hard work of the field staff and the political parties and candidates, that the electors did not find any difficulty in actually registering their votes through the EVM. Neither age nor education was a handicap in the use of EVMs. There was all round appreciation on the use of EVM throughout the country. The Commission reviewed the actual implementation of the programme of use of EVMs in the field and held extensive discussions with the electoral machinery at different levels. The CEOs, District Election Officers and Returning Officers, gave the field staff directly involved in the implementation of the programme comprehensive feedback. These feedback received from all levels indicated that the implementation of the programme was quiet smooth and the strategy adopted by the Commission in this regard were found satisfactory in launching this complex technology initiative in the dominion of electoral management. Encouraged by this positive feedback, the Commission decided to use it further on experimental basis in February 1999 when bye-elections were held to a number of constituencies. Details of constituencies covered during this election through the use of EVMs in States and Union Territories and till date is given at Statement-I.

ELECTRONIC VOTING MACHINE

Study on the use of EVM - February 1999 In order to get a structured and comprehensive feedback, the ECI engaged the Centre for Study of Developing Society to conduct a detailed study on the use of electronic machines in Madhya Pradesh and Delhi during the bye-elections in February 1999. The study indicated that awareness about the introduction of EVM was evenly distributed among most sections at 87.7%. The response to the use of EVMs was very favourable with 90.6% respondents saying that they preferred EVMs system. The voters indicated that the EVMs were easy to use, saved time and that no vote was wasted. As no paper was used, some indicated that they were not sure if their vote was registered. On the whole, the report concluded that "the EVMs have turned out to be quite popular among the voters. The voters recognise that it is immensely time saving and hassle free." On the response of the polling staff, the report indicated that 96.5% of the staff had received prior training. As for the counting, the entire process took between 2 and 3 hours instead of normal 6 to 12 hours in the manual process. The report also indicated that the new system of counting was generally much appreciated. GOA -EVMs used in all Constituencies for State Assembly Elections In June 1999, elections were held for the Goa State Assembly. It has two Parliamentary Constituencies and 40 Assembly Constituencies. On the basis of the successful handling of the programmes for using EVMs in November 1998 and February 1999, the Commission wanted to go forward in a bold initiative to cover an entire State Assembly Elections with the use of EVMs. Accordingly, Goa was selected as the first state for this historic initiative. For this purpose, the strategies, already adopted, of arranging comprehensive training for all stake holders, massive publicity and awareness campaign and meticulous monitoring and supervision was put in place. The CEC himself inaugurated the first major public centre for demonstration of the EVMs at the State Headquarters. Senior Officers of the Election Commission, the DECs in-charge, organised detailed training programme for senior officers including all Returning Officers of the Assembly Constituencies. A massive awareness campaign through the Doordarshan and All

279

2gQ

MAJOR EVENTS & NEW INITIATIVES

India Radio was launched. Besides, hoardings, hand bills, posters and cable TV were used for the awareness campaign. Demonstrations of the machines were also arranged on a large scale covering various localities in the whole state. As a result of the comprehensive planning and close supervision by the Commission, Goa became the first state to successfully use EVMs in all its Assembly Constituencies for the General Elections, to elect a new State Assembly. State Chief Electoral Officer and District Election Officers put relentless efforts under the guidance of the senior officers of the Commission to make this historic event successful. General Elections 1999 - Scaling up the Programme Taking into account the rich experience gained during the experimental use in November 1998 and February 1999 and coverage of a complete state in June 1999, the Commission, during the General Elections in 1999 for Lok Sabha and a few States Assemblies, decided to extend the programme by a greater magnitude. Accordingly, after detailed study of the feasibility of using EVMs, the Commission decided to extend its use to 45 Parliamentary Constituencies for electing the 13th Lok Sabha. These involved 17 States and Union Territories covering 45 Parliamentary Constituencies and 62,360 polling stations. The number of electors covered was almost 60 million, which is larger than the population of many European countries. Goa, Delhi, Chandigarh and Pondicherry were fully covered. In Delhi, all the seven Parliamentary Constituencies with 9,132 polling stations were covered. This was the largest single state where complete coverage of EVMs in election was achieved. Implementing the programme on such a large scale had its own challenges. First of all, adequate number of machines had to be provided to all the States. This involved movement of EVMs from different corners of the country to the States and the Union Territories that did not have adequate number of machines. In one case, almost 40 truck loads of machines were moved from North-East to Central India.

ELECTRONIC VOTING MACHINE

The programme also involved mobilisation of a large number of electoral staff for conducting elections using EVMs. Selecting trainers for each state and training them in good time helped in providing comprehensive training to these personnel. This ensured that the training of a larger number of staff could be carried out with local resources. Three films, specifically targeted for the election staff, the voting public and the political parties and their representatives, were prepared through the Films Division, Government of India. In addition, a variety of new software for publicity and awareness campaign were also developed locally by the different CEOs. The Commission encouraged and facilitated transfer of experience and expertise from the states that had already used the EVMs on earlier occasions — Goa, Madhya Pradesh, Rajasthan and Delhi, in particular, to the states that were using the EVMs for the first time. The Commission closely supervised the logistics of the operation involving use of almost 100,000 EVMs. The transportation of EVMs from various parts of the country was closely monitored. Supply of batteries by the two manufacturers to the CEOs and the distribution to the district offices, was also facilitated by close co-ordination by the Commission's Secretariat. Comprehensive Guidelines The Commission developed a set of Comprehensive Guidelines for launching and successfully implementing the use of EVMs for the elections in June 1999. This provided a blue print of the strategies to be adopted by the CEOs to successfully introduce the use of EVMs for elections. In addition, on the basis of discussions with and references from CEOs and field officers, the Election Commission of India also issued a series of supplementary instructions covering different dimensions of the programme. EVMs used for Simultaneous Elections to Lok Sabha & Vidhan Sabha One new challenge faced by the Commission in the General Elections, was conduct of simultaneous elections to the Lok Sabha and State Assemblies using EVMs. This involved Maharashtra, Andhra Pradesh and Karnataka, the states for which new Assemblies were also being elected along with the 13th Lok Sabha.

281

MAJOR EVENTS & NEW INITIATIVES

Two separate machines were used for the simultaneous elections in each polling station. The ballot papers placed behind the acrylic sheet to the ballot unit were of different colours. In order to ensure that there was no mix-up, the Commission issued detailed instructions about pairing of the Control and Balloting units and also about arrangements inside the polling stations. These were supplemented by detailed drawings indicating the arrangements. In keeping with the professional approach to the management of the programme adopted by the Commission on earlier occasions, this massive deployment of EVMs including its use for simultaneous elections to the Lok Sabha and State Assemblies in 1999, was carefully planned and meticulously executed. It is gratifying to note that the Commission was able to complete the process of conducting elections in these 45 constituencies without any difficulty. The results for these constituencies were also declared very fast. In many cases, the results were available within 2 to 3 hours. Performance of EVMs, Problems and Improvements Planned The Political Parties, Candidates and the Election Officials have appreciated the use of Electronic Voting Machines. There is demand from various quarters for increasing the use of Electronic Voting Machines. In the light of the excellent performance of EVMs and their successful deployment in several rounds of General Elections and Bye-elections for Lok Sabha and Assembly Elections, the Commission received requests from many State Election Commissioners to allow them to use the EVMs for Election to Local Bodies. The Commission considering these requests decided on a policy to make available to State Election Commissions the Electronic Voting Machines for conducting the elections to Local Bodies within certain parameters. As the said experiment proved to be very successful, these machines have been used extensively in subsequent elections, the details of which are given at Statement-I.

ELECTRONIC VOTING MACHINE

Memory Failure of one EVM in Election to Local Bodies in West Bengal In pursuance of the said policy decision, the Commission loaned 4,000 EVMs to the State Election Commission of West Bengal for conducting elections to Local Bodies in Calcutta during the month of June 2000. It was reported in the newspapers that at the time of counting of votes the memory of one EVM had failed. On the directions of the Commission, the Joint CEO, West Bengal forwarded the technical report from the officers of ECIL, regarding nonfunctioning of one machine. It is reported that the technical experts of ECIL had earlier checked all the 4,000 machines and certified them to be fit for use. However, at the time of counting of votes, one EVM, which was used in Bidhan Nagar Municipality failed to show the result. The technical experts of ECIL could not retrieve the data relating to candidate-wise result from the machine, though the total votes cast was shown as 565 in the Control Unit. Shri A.K Majumdar, State Election Commissioner also sent a report in the matter to the Commission. He stated that out of 3,774 EVMs used during local body elections, one EVM which was used in polling station No. 3A of ward 16 of the Bidhan Nagar Municipality showed "Er" (Error). The total votes polled in the said Polling Station was 565 and the margin votes polled by the two leading candidates was 87. A re-poll was held in the affected polling station. He further stated that the use of EVMs was an overwhelming success. He suggested that the manufacturers may be requested to explore the possibility of providing each machine with a back-up memory so that in case of such " Memory Error", the information can be retrieved from the back-up memory. Other Cases of Memory Failure As per available information with the Commission, there have been a total of 10 cases of memory failure of EVMs during elections held recently in 19982000. A list of such cases is given in the enclosed Statement II.

283

284

MAJOR EVENTS & NEW INITIATIVES

Provision of Law & Instructions In "Chapter V - Counting of Votes" of the R. P. 1951, there is a provision in section 64A relating to destruction/loss, etc. of ballot papers at the time of counting of votes which reads as follows:"64A. Destruction, loss, etc., of ballot papers at the time of counting (1)

If at any time before the counting of votes is completed, any ballot papers

used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission. (2)

Thereupon, the Election Commission shall, after taking all material

circumstances into account, either— (a)

direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or

(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted." Though the above section does not refer to EVMs specifically the Explanation to Section 61A of the said Act, provides that any reference to a ballot box or ballot papers shall be construed as a reference to EVM: "61 A. Voting machines at elections -

ELECTRONIC VOTING MACHINE

'

Explanation. —xx xx xx and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election." STANDING INSTRUCTIONS IN THE HAND BOOK FOR ROs (EVM) Based on the provisions of section 64A read with 61A referred to above, following provision has been made in the instructions contained in para 29 of Chapter XIV of the Hand Book for Returning Officers (Where EVMs are used)— "Procedure to be followed in case of destruction, loss, etc., of voting machine before completion of counting. 29.

Under the law (section 64A), the Commission is competent to direct, after

taking all material circumstances into account, the counting of votes to be stopped and, if necessary, order fresh poll if it is reported by the Returning Officer before completion of the counting of votes that the voting machine used at a polling station has beeni)

unlawfully taken out of his custody, or

ii)

accidentally or intentionally destroyed or lost, or

iii) damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained. If any such occasion arises, you should forthwith report full facts of the case to the Commission and await its directions in regard to the counting of votes," Procedure to be followed in such contingencies

Failure of Memory of the Control Unit and consequential non-display of candidate-wise result of votes polled at any polling station can be categorised as accidental damage to the memory section of the Control Unit. In the 10 cases referred to in Statement II, no re-poll was held in any of the constituencies. In all these cases, when the matter was brought to the notice of the Commission by the Returning Officer during the counting of votes, instructions were issued to declare the result, provided the margin of votes polled by the two leading candidates

285

MAJOR EVENTS & NEW INITIATIVES

286

in the constituency was more than the votes polled in that polling station. In all these cases, the margin was larger than the votes polled in such polling stations. A re-poll is to be ordered in case the margin of votes between the two leading candidates is less than the votes polled in the polling station where the EVM has a problem of displaying the detailed results from its memory. In the case of West Bengal Local Body elections, the margin of win was only 87 whereas the votes of the polling station were 565. Therefore, it became necessary to hold a re-poll in the affected polling station. POSSIBILITY OF RE-OCCURANCE OF SUCH CONTIGENCY Out of 1,01,245 machines used in Lok Sabha and State Assembly Elections between 1998 and 2000, only 10 machines had problem of memory and could not display the detailed result. This is a very small percentage of 0.0001. There was also no difficulty in declaring the results in these cases. However, it did affect the result of local body election in West Bengal making it necessary to order a repoll. Therefore, possibility of such contingency cannot be ruled out in the case of Assembly Elections and Lok Sabha elections in view of the fact that in the past elections, in some of the constituencies, the margin of win was quite slender. The possibility of machines developing the defect of memory failure at the time of counting under the present circumstances, though remote, cannot altogether be ruled out in future. So far, such isolated cases of failure did not affect any election conduct by ECI. If EVMs are used and any one machine fails to show result at the time of counting and if the margin of lead is quite less, then it becomes necessary to order re-poll in that Polling Station. A similar problem may also occur when the voting is done by using ballot papers and ballot boxes. At the time of counting if any ballot box is found to have been tampered with or damaged, the votes therein are kept separate and counting is continued. The result is allowed to be declared if the lead is more than the votes kept apart without counting. If the lead was slender or less, then there were instances when re-polls only in such polling stations were held to complete the election.

ELECTRONIC VOTING MACHINE

STEPS TAKEN TO TACKLE THE PROBLEM The working of Electronic Voting Machines was reviewed by a team of officers of the Commission with the representatives of ECIL at Hyderabad on 26.4.2000. Amongst other items, a few cases of memory failure, buzzer failure and battery failure by use of EVMs were discussed. The technical teams of M/s ECIL, Hyderabad and M/s BEL, Bangalore, manufacturers of the EVMs, have further discussed this matter amongst themselves and have intimated incorporation of the certain improvements in the new machines to be manufactured. These improvements include provision of an additional set of memory device to double the existing capacity to store data, use of an improved quality buzzer and developing an auxiliary display unit which can be connected to the Control Unit to read and display the data stored. The Commission expects that with these improvements it would be possible to meet the rare contingencies of memory failures and to make successful use of EVMs in coming Elections. Future Plans With this successful deployment of EVMs on a really large scale and also in a very large area spread across the length and breadth of the country, the Election Commission of India finally proved that EVMs, which were designed and developed almost a decade ago, could be usefully deployed for better management of the electoral process and for providing free, fair and fast elections. No other country in the world has made such successful use of technology as the ECI in using EVMs in India. The technology is not only robust and simple, but is very appropriate for our conditions. The machines running on battery packs made of standard alkaline batteries do not require any external power source. Being foolproof in terms of recording the votes of the electors as per the franchise exercised in the polling stations and providing instant results at the time of counting, also simultaneously eliminating the scope of invalid votes, the EVMs are being looked upon not merely by the Commission but by the country at large,

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as a new model for the new century. The Commission has already indicated its commitment to follow this new model by using it extensively during the State Assembly Elections in the year 2000 during which it covered 45 of 90 Constituencies in Haryana and 10 Constituencies in Orissa with EVMs. The Commission is exploring the possibility of further expanding the use of EVMs in the coming years. It has been making use of EVMs in a number of bye-elections to make the people and the election officials familiar with the new technology. To this end, the EVMs were also used in a number of bye-elections during the State Assemblies Elections in 2000. In the process, the Commission has also covered a number of rural constituencies with the use of EVMs without any major problem. The Commission has every hope that in the coming years, it would be able to increasingly make use of EVMs on a much larger scale both for Assembly and Parliamentary Elections. It has already initiated steps to augment the stock of EVMs available with it and has received a very positive response from the Government of India in this regard.

ELECTRONIC VOTING MACHINE

289

Statement -I USE OF ELECTRONIC VOTING MACHINES General Elections to State Legislative Assemblies, 1998 No. of Constituencies

No. of Polling Stations

No. of

Madhya Pradesh

5

1149

1046028

Rajasthan

5

1070

906236

Delhi

6

711

642624

Total

16 AC

2930

2594888

State

Voters

Bye-elections to State Legislative Assemblies held in February, 1999 Madhya Pradesh

2

318

260591

Rajasthan

1

197

169231

Delhi

2

264

256895

Total

5 AC

779

686717

General Elections to Goa Legislative Assembly held in June, 1999 Goa

40

1135

908849

Total

40 AC

1135

908849

General Elections to Lok Sabha and Five State Assemblies and Bye-elections held in September-October, 1999 45-PC

62362

5612969

Andhra Pradesh

14

3705

3336830

Karnataka

24

5351

4615119

Maharashtra

24

5156

4672305

West Bengal

1

108

89776

Pondicherry

1

12

9516

45-PCs & 64ACs

76694

69336515

Lok Sabha

Total

MAJOR EVENTS & NB;W INITIATIVES

290

State

No. of Constituencies

No. of Polling Stations

No. of Voters

General Elections to Four State Legislative Assemblies and Bye-elections held in February, 2000 Haryana

45

8077

5826607

Orissa

10

2339

1964225

1-PC, 8-AC

3655

3083596

Andhra Pradesh

1

204

168448

Gujarat

2

382

292793

Madhya Pradesh

4

696

603275

Maharashtra

1

122

130816

Punjab

1

178

150130

Tamil Nadu

1

225

221587

1-PC & 73 -AC

15881

12441477

Uttar Pradesh

Total

Bye-elections held in May-June, 2000 Orissa

1-PC

1466

1176003

West Bengal

1-PC

1310

1007395

Andhra Pradesh

2-AC

499

388295

Haryana

1-AC

170

115042

Madhya Pradesh

1-AC

141

112717

Uttar Pradesh

1-AC

232

191374

Pondicherry

1-AC

18

17588

2-PC & 6 -AC

3836

3008414

101245

88976859

Total

Total in Elections between 1998 -2000 Grand Total

48-PC & 204-AC

291

ELECTRONIC VOTING MACHINE

Statement -II

ELECTRONIC VOTING MACHINES CASES OF MEMORY FAILURE Election

No. &

State

Name of

No. of Cases

Make of Machines

Constituency General Election - LS, 1999

Andhra Pradesh

210-Khairatabad AC (PS No. 249) 214-Maharajgang ( PS No. 89 )

2

ECIL

General Election - LS, 1999

Gujarat

78-Naroda AC ( PS No. 54)

1

BEL

General Election - LS, 1999

Kerala

11-Ernakulam PC 20-Trivandrum PC

1 1

ECIL ECIL

General Election - LS, 1999

Madhya Pradesh

30-Bhopal PC

2

ECIL

General Election - LS, 1999

Punjab

12-Faridkot PC

1

BEL

Bye-election 2000

Uttar Pradesh

412-Thana Bhawan

1

BEL

General Election - LA, 2000

Orissa

51-Jatni AC (PS No. 13)

1

ECIL

TOTAL

10

CHAPTER XII

MEDIA AND ELECTIONS

Media has an important role in the democratic process. It provides valuable information to the voting public and the citizens with relation to the entire electoral process. Media provides both intensive and extensive coverage of the campaigns, the programmes and policies of the political parties, constituencies and candidates, the functioning of the Government during the run up to the elections and finally the actual electoral event - polling and counting. In the last few years, there has been a tremendous growth of media in the country both - print and electronic, but it has been rather spectacular in the latter. Consequent upon large scale proliferation of the electronic media, its coverage of the electoral process has assumed greater significance. In this light, the Election Commission of India has also taken a pro-active and positive approach in facilitating the media in obtaining and disseminating information on the decisions and initiatives of the Commission and the details of the actual conduct of elections in the country. The Commission has taken several major initiatives in this regard and these are summarized in the following paragraphs. Facilitation of Media The subject of laying down standard guidelines for the facilities to be made available to media persons interested in covering of an election conducted under the superintendence, direction and control of the Commission, engaged special attention of the Commission. The Commission reviewed past experience in this

MAJOR EVENTS & NEW INITIATIVES

294

regard and felt the need to address the concerns of media for being able to cover the election process. Rule 32 of the Conduct of Elections Rules, 1961, regulates the entry into polling stations, which is as under:"Admission to polling stations — The Presiding Officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than — (a)

Polling Officers;

(b)

Public Servants on duty in connection with election;

(c)

Persons authorised by the Election Commission;

(d)

Candidates, their election agents and subject to the provisions of rule 13, one

polling agent of each candidate;

(e)

A child in arms accompanying an elector;

(f)

A person accompanying a blind or infirm elector who cannot move without help; and

(g)

Such other persons as the Returning Officer or the Presiding Officer may employ under Sub-rule (2) of rule 34 or 35."

Entry to any place fixed for counting of votes is governed by the provisions of rule 53(1) of the Conduct of Elections Rules, 1961, which is reproduced below: "Admission to the place fixed for counting — The Returning Officer shall exclude from the placed fixed for counting of votes all persons except — (a)

Such persons (to be known as counting supervisors and counting assistants) as he may appoint to assist him in the counting;

(b)

Persons authorised by the Election Commission;

(c)

Public Servants on duty in connection with the election; and

(d)

Candidates, their election agents and counting agents."

MEDIA AND ELECTIONS

The above mentioned rules 32 and 53(1) are applicable to elections to the Council of States, House of the People, State Legislative Councils, and State Legislative Assemblies. For elections to the offices of President and Vice-President, the corresponding rules are 13 and 28 of the "Presidential and Vice-Presidential Elections Rules, 1974." In order to provide information to the media in a systematic and organised manner, the Commission brought out a detailed order on 27th March, 1996 specifying the various facilities to be provided to media persons to cover the electoral process. Authority Letters for Entry into Polling Stations & Counting Centres These provide for the facilities for media persons to cover the polling process including regulating their entry into Polling Stations on the basis of special Authority Letters issued by the Commission. Similarly, Authority Letters are provided to media persons to enter the Counting Centres to cover the counting process. The Commission has revised the format of Authority Letters to suit the current requirements. It is in a handy pocket-sized format with a plastic pouch for convenient usage. Initially, the Authority Letters were issued centrally from the Commission but their issue has since been decentralised. The Principal Information Officer, Government of India in the Ministry of Information and Broadcasting and the Chief Electoral Officers of the States and Union Territories in consultation with the State Directors of Information and Public Relations now issue these. Wide publicity is given to the media to apply for such letters along with photographs. The Authority Letters are issued liberally and all media persons representing national and international media organisations have obtained such letters and covered all major elections which were held in the last 4 years. The entire operations have been streamlined and have been well received by the media community. The Authority Letters enable the media persons to enter into Polling Stations and Counting Centres. The secrecy of the ballot being sacrosanct, the actual exercise of the franchise by an individual voter is not allowed to be covered by photographic or other methods. Barring this basic restriction, the media is

295

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afforded full opportunities to cover the entire electoral process without any restrictions. Media Centres In order to provide prompt information to the media persons, Media Centres are organised at the State and District levels where all statistics, background information and other related material is provided to the media persons. In addition, regular media briefing by the CEOs and the DEOs are held during the major electoral events. Media Co-ordination Unit At the Commission's Headquarters, a separate Media Co-ordination Unit has been set up to assist media in obtaining election related background information and for providing regular press releases etc. Media persons are also allowed access to the Library of the Commission and to make use of material available as required. The Commission also supplies copies of its publications to the Library of the Press Information Bureau for easy access by media persons. Media Briefings During the last four years (1996-2000) which saw a large number of national and state elections, Chief Election Commissioner and Commissioners briefed the media, providing extensive information on the policy decisions of the Commission as well as making major announcements. Typically such press conferences were held for announcing the dates of the schedules of elections both for the Parliament and State Assemblies. Similarly, for national elections, after completion of polls, press conferences were held to brief media covering the events of the relevant dates of poll. The CEC or the full Commission from time to time took such briefings. During actual elections period, there is considerably heightened interest of media for getting various clarifications on current developments and for getting up-to-date information on various decisions of the Commission. To this end, the Commission has instituted an arrangement for regular briefing by an official spokesperson. Such briefings were held daily or less frequently as per the requirements during General Elections for the Parliament and State Assemblies from 1996 onwards.

MEDIA AND ELECTIONS

Necessary physical infrastructure in shape of a separate reception room and briefing room has been put in place. An officer of the Press Information Bureau also assists the Commission in its media related functions. The Commission has considerably liberalised the dissemination of counting trends and results during 1996—2000. In the pre-1996 period, only the final vote tally of candidates for each constituency was announced after the counting was completed and the Returning Officer declared the results. No round-wise information was made available. During 1996, this was liberalised by providing round-wise information on the progress of counting at the Counting Centre and through the Chief Electoral Officers by special arrangements. This was further streamlined by making available round-wise counting trends for each constituency through the Website of the Commission, beginning with the General Elections 1998. The Commission also provided support to the media, particularly, the electronic media in making available the above information from its Website. This has been a major source of accurate and comprehensive data on counting trends and results since then for the entire media — print and electronic. The Commission has also provided quick analysis of the results including vote share, literally within days of completion of polls soon after 1999 General Elections and Assembly Elections in 2000. Consequent on launching of the Commission's comprehensive Website, all press notes were instantly placed on the Website, as soon these were issued. In the process, the contents of the press notes became available to the smallest newspaper in the remotest town in India as well as to the international news agencies and media organisations within seconds of these being issued. This has been widely welcomed and appreciated by the media community. The Commission also used the Website to provide extensive and comprehensive background information on the elections, starting with the State Assemblies Elections in November 1998. All the statistical reports for the Lok Sabha elections from 1991 and at least one statistical report for each Assembly Election is available on the Commission's Website. Further, the Manual of Elections Law, various Handbooks and Instructions of the Commission have also been placed on the Website. In addition, a set of Frequently Asked Questions (FAQ) are also available. These provide ready information on various

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constitutional-legal provisions and prescribed procedures relating to Elections, to the media persons round the clock at the click of a mouse from their own desk top computers. Through this, the media is able to build their stories with necessary references at their own convenience. Many media organisations and reporters make regular use of this major on line information resource. Before the 1999 General Election, a comprehensive and exclusive briefing for media persons was organised to familiarise them with the Commission's Website and the arrangements for dissemination on line of trends and results. Arrangements for the Electronic Media In view of the considerable proliferation of the electronic media in the recent years and their vast reach throughout the country, the Commission has taken special initiatives for free and fair coverage of the electoral process by the electronic media. To this end, the Commission organised, in March 1996, a meeting with the representatives of the electronic media including the state-owned electronic media and evolved a set of guidelines for this purpose. These have been issued through a Press Note in March 1996. Code of Conduct for Television Broadcast This is in the nature of a Code of Conduct for television broadcast in connection with elections. These stipulate that the coverage should be free and fair and not biased in favour of any particular party and candidate. These indicate that (1)

There should be no coverage of any election speeches or other material that incites violence, one religion against another, one caste against another, one language group against another etc.

(2)

In any constituency, one candidate alone should not be projected. While it is not necessary to cover every single candidate (as some constituencies may have several candidates) at least the more important should be covered in any report from a constituency.

The Code of Conduct further indicates that the following could be covered in balanced and fair manner :-

MEDIA AND ELECTIONS

campaigning and excerpts from campaign speeches; symbols, banners, flags and other campaign material of parties; results of opinion polls by non-political, professional organisations with a proven track record, party manifestoes (critical analysis of which is also perfectly legitimate); candidates and their views in different constituencies across the country; the positions taken by the main parties on different issues important to the electorate; debates between major parties and candidates; analysis of previous voting patterns, victory margins, swings, etc. The guidelines also explain the concept of balanced and fair in the following terms : •

No one political party should be given substantially more coverage than others. This "balance" need not be achieved in any single day or in a single story, but over a reasonable period of time, say one week.

•

Balance does not mean each party must get exactly the same air time to the last second, but parties should be given broadly the same amount of time.

•

Balance implies that to no reasonable person should it appear that one political party is being projected to the exclusion of others.

Opinion Polls - Exit Polls The Election Commission has observed that during the run up to any General Elections to the House of the People or State Legislative Assemblies, Opinion Polls are often conducted by different organisations. The results of such opinion polls are published in newspapers, magazines and other periodicals, and sometimes telecast and broadcast on the electronic media. The dissemination of such results of Opinion Polls and Exit Polls receives wide publicity and coverage in the print and electronic media and such dissemination, particularly on the eve

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MAJOR EVENTS & NEW INITIATIVES

300

of polls, has the potential to influence electors when they are in the mental process of making up of their minds to vote or not to vote for a certain political party or a candidate. The methodology followed for conducting such opinion polls varies from organisation to organisation which conduct such polls. Similarly, the sample size of the electorate covered by such polls and geographic spread of the survey also differs substantially in different cases. Apart from the Opinion Polls, Exit Polls are also conducted by some organisations on the days of poll. Considering the magnitude of the electorate in the country, particularly at the time of country-wide general elections to the House of the People, and the complexity of operations involved in the conduct of such General Elections, the poll is taken in a phased manner, spread over a period of two to three weeks. Publication of result of any Exit Poll, in the intervening period when the poll in any of the States or Union Territories or constituencies is yet to be taken, is likely to affect the unbiased exercise of franchise by the elector, one way or the other. Amendment of R P Act,1951 In this connection, the Commission took special note of the provisions of section 126 of the Representation of the People Act, 1951, as amended in August 1996. The section provides as under : "126. Prohibition of public meetings during the period of forty-eight hours ending with hour fixed for conclusion of poll.(1)

No person shall (a)

Convene, hold, attend, join or address any public meeting or procession in connection with an election; or

(b)

Display to the public any election matter by means of cinematography, television or other similar apparatus; or

(c)

Propagate any election matter to the public by holding, or by arranging the holding of any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period

MEDIA AND ELECTIONS

of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. (2)

Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for term which may extend to two years or with fine, or with both.

(3)

In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election." The Commission while considering as to whether the Opinion Polls/Exit

Polls should be allowed kept the above statutory restrictions in mind. The Commission was also conscious of the fact that the electorates do have a right to information and be informed about the policies, programmes, manifestos, etc., of political parties and candidates. The Commission was also conscious of the freedom of press and the rights of the print and electronic media to gather information. The Commission had to balance between such rights of the media and rights of the electorate in the matter of exercise of their franchise, uninfluenced by any extraneous influences. The Commission also took into consideration the guidelines framed by the Press Council of India regarding the freedom of the press and of maintaining and improving its standard in regard to the dissemination of the results of Opinion Polls and Exit Polls. The Commission received representations from various political parties and others concerned that the conduct of such Opinion Polls and Exit Polls and publication of their results, when the election process is on, should be stopped so that no political party or candidate suffers adversely or gains undue advantage. The Commission discussed the matter with all recognised National and State parties in December 1997. The Commission also examined the position as obtaining in some of the advanced democracies in various parts of the world. It was observed that restrictions, in one way or the other, were placed on the conduct of Opinion Polls and Exit Polls in many of these democracies.

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Commission's Guidelines on Opinion & Exit Polls After taking into account all the relevant factors and circumstances into consideration, the Election Commission issued, on 20th January, 1998, a set of guidelines for observance by print and electronic media in connection with the conduct of Opinion Polls/Exit Polls on the eve of the then ensuing General Elections to the Lok Sabha and other State Legislative Assemblies, 1998. The Commission also made it clear that these guidelines would apply at all future elections to Parliament and State Legislatures. The key provisions of these guidelines are extracted below : "Guidelines of the Election Commission of India (i)

The organisations or agencies conducting Opinion Polls shall be free to conduct such polls, and publish results thereof, in or by any print or electronic media, at any time, except the period mentioned in clause (ii), during the run up to the polls for the aforesaid general elections to the House of the People and State Legislative Assemblies mentioned above.

(ii)

No result of any opinion poll conducted at any time shall, be published, publicised or disseminated, in any manner whatsoever, in or by any print or electronic media, after 1700 hours on the 14th February, 1998 (16th February, 1998 being the first day of poll for the aforesaid general elections) and till half an hour after the closing of poll in all States and Union Territories, except three Parliamentary Constituencies in the State of Jammu and Kashmir, i.e., 1730 hours on the 28th February, 1998.

(iii)

The above organisations and agencies shall also be free to conduct exit polls. But the result of any such exit poll conducted at any time shall also not be published, publicised or disseminated, in any manner whatsoever, in or by any print or electronic media, at any time from 0700 hours on the 16th February, 1998 (being the first day of poll for the aforesaid general elections) and till half an hour after the closing of poll in all States and Union Territories, except three Parliamentary Constituencies, i.e., 1730 hours on the 28* February, 1998.

(iv)

Any organisations or agencies conducting any Opinion Poll or Exit Poll, while publishing, publicising or disseminating the result of any such poll,

MEDIA AND ELECTIONS

303

must indicate the sample size of the electorate covered by such polls and geographic spread of survey so conducted. They must invariably give the details of methodology followed, likely percentage of errors, the professional background and experience of the organisation or organisations and the key professionals involved in the conduct and analysis of the poll." One of the important stipulations of these guidelines was that the result of any opinion polls conducted at any time should not be published or disseminated in any manner in print or electronic media, during the period between 1700 hours on 14 February, 1998 and 1700 hours on 28 February, 1998. The aforesaid dates were relevant as the poll for the first phase of election was fixed for 16 February,1998 and for the last phase on 28 February, 1998. The above guidelines were, subsequently, modified slightly to allow the publication of result of opinion polls and exit polls immediately after the close of poll at 5:00 p.m. on 28 February, 1998, instead of 6:00 p.m. on that day, as was originally instructed. Similarly, guidelines were again issued on 19

November, 1998 in

connection with the general elections held to the Legislative Assemblies of Madhya Pradesh, Mizoram, Rajasthan and Delhi, in November 1998. By these guidelines, publication of results of opinion polls and exit polls was stopped between 5:00 p.m. on 24* November, 1998 and 5:00 p.m. on 26* November, 1998 (26* November, 1998 being the day of poll for these general elections). The Commission also issued guidelines regulating the conduct of opinion and exit polls and dissemination of the results of the same during the elections to Goa State Assembly in June 1999. Case before Supreme Court & withdrawal of Guidelines by the Commission These guidelines were challenged in writ petitions before the Delhi High Court (Writ Petition No.449 of 1998, filed by Frontline magazine and its Editor Shri N.Ram) and before Rajasthan High Court (Writ Petition No355 of 1998, filed by Shri S.N.Tiwari). Another petition was filed before the Supreme Court of India by Shri R.Rajgopal (Writ Petition No.80 of 1998). The contentions in all

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MAJOR EVENTS & NEW INITIATIVES

the petitions were that the Commission had no authority to issue the guidelines and that these guidelines violated the fundamental right of free speech and expression guaranteed by Article 19 (1) (a) of the Constitution of India. The Commission moved the Supreme Court for transfer of the petitions filed before Delhi and Rajasthan High Courts to the Supreme Court for disposal. The application for transfer was subsequently allowed by the Supreme Court on 29 October, 1998. No interim order was passed by the Supreme Court, although the writ petitioners had prayed for stay of the Commission's guidelines when the matters came up for hearing earlier on 13 February, 1998 and 30 March, 1998. The Commission's guidelines were actually followed by most of the print and electronic media during the 1998 general elections. At the time of general election to the House of the People held in 1999, the Commission issued similar guidelines regarding dissemination of results of poll survey. The matter came up for further hearing on 8 September, 1999. When reports appeared that the Times of India and Jain TV were scheduled to publish/ telecast results of opinion polls conducted by them, the Commission moved an application before the Supreme Court seeking a direction that result of such opinion polls and exit polls should not be published/telecast. The Jain TV and Times of India were joined as parties to the petitions before Supreme Court. The matter was referred to a five member Constitution Bench and was heard on 14 September, 1999. During the course of hearing, the Commission opted to recall the impugned guidelines, as the Supreme Court had some reservation about the powers of the Commission to issue the impugned guidelines affecting the fundamental rights of the petitioners and without any provision in the law to penalise those who violated the Commission's guidelines. Consequently, all the petitions were disposed of, as they did not survive for consideration. The Commission withdrew the guidelines on 14 September, 1999. The 1999 General Elections were held under very difficult and trying circumstances and had to be spread over 5 phases on account of the monsoon and related problems combined with the requirements of huge security forces in different parts of the country. Given the size of the country and the scale of operations for national elections, it is not possible to hold elections throughout the country on a single day.

MEDIA AND ELECTIONS

Subsequent to the withdrawal of order by the Commission, opinion polls have been conducted by a number of media organisations. These have been published and disseminated through print media and electronic media during 1999 elections. Similarly, after completion of every phase, exit polls were also conducted and results were published and disseminated indicating the likely outcome of the polls and projecting the seats and vote shares for different political parties and their alliances. In February 2000, elections were held in 4 State Assemblies including Bihar, Haryana, Orissa and Manipur. During these elections also, some opinion polls and exit polls were conducted by some media organisations and published. Problems and Issues The provision of law, as indicated in the earlier paragraphs, provides clear restrictions on dissemination of such information within the restricted period of 48 hours before close of polls. The moot point in devising any scheme for regulating opinion and exit polls is the difficulty in holding elections nationally, for Lok Sabha, sometimes combined with simultaneous assembly elections, on a single day. The Commission does not foresee the possibility of holding Lok Sabha elections throughout the country on a single day. The best, it could do in 1996, was to restrict it to 3 phases spread over a period of 2 weeks. A phased national election is forced on the Commission by the demand for central forces who need a minimum time for movement and deployment from one state to another. In such a situation, the publication and dissemination of opinion and exit polls is likely to affect the atmosphere suitable for conduct of free and fair polls. Most democracies in the world, including those in most developed countries, have legislation, which regulate the publication and dissemination of opinion and exit polls. In view of the increasingly contentious nature of elections, a balanced approach is required. Political parties have also raised the matter before the Commission during consultations and there are widely divergent views on the matter. Ultimately, Parliament has to address the issue and find a solution appropriate for the Indian conditions. The Commission hopes that the issues will be debated in the Parliament from all aspects and an appropriate solution will be found.

305

MAJOR EVENTS & NEW INITIATIVES

306

Inputs from the Media The Commission, both at its Secretariat at Delhi and through its CEOs regularly scans the media reports in the print media and also in Television and Radio during the election period. The Commission in its library regularly prepares a set of press clippings connected with the elections and these are carefully studied by its Secretariat as well as the Commission. Appropriate and urgent action for verification and any corrective action as required is initiated by the Commission. Often these media reports have provided valuable inputs to the Commission with respect to the events taking place in the field and the nature of the campaign. The CEOs were also required by the Commission to continuously and closely study the media reports in order to get a feel of the field situation and to initiate corrective actions promptly and urgently as were required after due verification. Broadcast and Telecast Facilities for Recognised Political Parties in the State-owned Electronic Media The State Funding of Elections has been engaging the attention of political spectrum, the media and the Election Commission of India for some time. The Indian Parliamentary Constituencies for the Lok Sabha has an average of 1.1 million voters, roughly two-thirds of the total population. Barring the compact urban constituencies, they are spread over large areas. Therefore, the political parties and candidates often have difficulty in reaching out to the entire voting population to communicate their policies and programmes as well as any other message they would like to provide as part of their election campaign. This problem has been somewhat accentuated on account of the minimum period of campaign being reduced from 21 days to 14 days by an amendment of the Representation of People Act in 1996. At the same time, there is also growing concern in the country about the ever-increasing expenses on elections. Till 1996, the recognized national and state political parties were provided facility for making one telecast and two broadcasts of 15 minutes' duration each over Doordarshan and All India Radio during the campaign period of General Elections to the House of the People and State Legislative Assemblies. The Commission noted that this was inadequate to meet the requirements of the parties

MEDIA AND ELECTIONS

in the context of the vast areas to be covered and the huge electorate to be reached within the limited campaign period available to them. The Commission was also aware that the DD and AIR network had substantially expanded and covered virtually the whole of the country. The Commission felt that use of DD and AIR — the state-owned electronic media under an appropriate scheme by political parties would be very useful. This could provide the parties with an opportunity to communicate their policies and views on major issues to the electorate. Consequently, the democratic process itself could be strengthened. In this background, the Commission came up with an innovative and novel scheme for state funding of elections through provision of extensive time for broadcast and telecast over the state-owned electronic media to recognised political parties. This scheme, popularly known as the Time Voucher Scheme, was discussed by the Commission with the recognised National and State parties at the meetings held at New Delhi, on 7th May, 1997and, again, on the 22nd and 23rd December, 1997. They all whole-heartedly welcomed the scheme. The Commission further interacted with the Prasar Bharati Corporation, which now manages the Doordarshan and All India Radio. The Corporation also welcomed the Scheme and agreed to provide suitable assistance, and support, to implement the Scheme and make it operational for the general elections to the House of the People (for constituting the 12th Lok Sabha) and certain State Legislative Assemblies. After the detailed consultations with the political parties and the Prasar Bharati Corporation, the Commission issued its order No. ECI/98/33/MCS/98 dated 16 January, 1998 incorporating the scheme of use of Government-owned electronic media by political parties during election . This order was issued on the eve of the General Elections to elect the 12th Lok Sabha. The broad features of the scheme and the method of its implications are indicated in the following paragraphs. The facilities for use of broadcast time and telecast time were made available only to seven National Parties and 34 State Parties which have been recognised as such under the Election Symbols Order, 1968 during 1998 General Elections to Lok Sabha. A total time of 61 hours each was available on the networks of Doordarshan and All India Radio.

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For the national parties, a total of 10 hours was made available on the national channels of Doordarshan and All India Radio each. The national parties were also provided a total time of 15 hours of telecast/broadcast time each on Doordarshan and All India Radio for telecast through the Regional and State Capital Kendras. The State parties were provided 30 hours of telecast and broadcast time each on Doordarshan and All India Radio in the Regional/State Capital Kendras. In addition, they were provided a total of 6 hours of telecast and broadcast time each on the Regional Satellite Services channel of Doordarshan and the National channels of All India Radio with a reach spreading across the whole country. For the national parties, out of the total 10 hours available each on Doordarshan and All India Radio, on the national network each party was given a base time of 45 minutes totalling 5 hours and 15 minutes. The rest 4 hours and 45 minutes was allotted on the basis of percentage of votes polled by each party during the last Lok Sabha elections. As for the allocation of time for the national parties on the Regional Kendras, this was exactly one and half times of what each party was allocated for the national telecast/broadcast as per the principles indicated earlier. They could utilise the time so available in any one of the Regional and State Capital Kendras of Doordarshan and All India Radio. However, they could not utilise more than 1/10* of such time at any one of the Kendras. This was done to avoid any single party trying to utilise the time available in a particular Kendra as this could distort the spirit behind the scheme and could also pose practical problems for operational management. As for the State parties, of the 30 hours available to them in the Regional Kendras of Doordarshan and All India Radio, each party was given a base time 45 minutes, i.e., 25 hours & 30 minutes and the residual 4 hours & 30 minutes, was distributed on the basis of the percentage of votes polled by them during the Lok Sabha elections in 1996 and for the last general elections to the Assembly held in the State concerned. For this purpose, only the votes polled in the States where the party was recognised as a State party, were taken into consideration. As for the time available to the regional parties at the national level through the

MEDIA AND ELECTIONS

•

Regional Satellite channel of Doordarshan and the National hook up of All India Radio, was limited to 10 minutes to each party. In order to provide flexibility to the political parties to utilize the total time available to them, the concept of Time Voucher was devised as an integral part of the scheme. The Time Vouchers could be utilised by the party and they could field any of their representatives to speak on their behalf by encashing the same. Dates of Telecast and Broadcast The period of telecast and broadcast were fixed between the last date of nomination for the first phase and two days before the last date of poll in the whole country. However, there was no telecast or broadcast during the 48 hours preceding the close of polls on each phase as per specific provisions of the Representation of the People Act, 1951. Doordarshan and AIR indicated the overall schedule of time available for broadcast/telecast by recognised political parties. The actual time slots corresponding to units of five and ten minutes of the time vouchers were finalised by draw of lots in the presence of representatives of political parties and the Election Commission of India. The Commission also indicated in its order some broad guidelines to be folowed by the political parties in the messages given by them through the scheme of Time Vouchers. It was indicated that the telecast and broadcast on D D and AIR by political parties would not permit the following : (a)

criticism of other countries;

(b)

attack on religions or communities;

(c)

anything obscene or defamatory;

(d)

incitement to violence;

(e)

anything amounting to contempt of court;

(f)

aspersions against the integrity of the President and Judiciary;

(g)

anything affecting the unity, sovereignty and integrity of the Nation; and

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(h)

any criticism by name of any person.

Submission of Transcripts in Advance The parties or their representatives were required to submit, in advance, within the time frame as indicated by the Prasar Bharati Corporation on account of technical constraints, the transcripts of their telecasts/broadcasts to the authorities specified in this behalf by the Prasar Bharati Corporation. Initially the messages for broadcast and telecast were recorded in the studios of Prasar Bharati Corporation. Subsequently, it was decided that the political parties could record the material in private studios so long as the required technical quality standards were met. It was the responsibility of the parties to have their transcripts, after approval, recorded at their cost in Private Studios; meeting required technical standards of the Prasar Bharati Corporation, provided that the symbol of the party with a white background could be shown in any video recording. After further review of the implementation of the scheme, a more flexible approach has been adopted by the Commission allowing for recording in the studios of DD and AIR or private studios as per the convenience of the parties. Panel Discussions and Debate In addition to the above mentioned Party telecasts/broadcasts, the Prasar Bharati Corporation agreed to organise a maximum of two national panel discussions/debates on the national channels of Doordarshan and All India Radio. Each nationally recognised Party could nominate one representative to such programmes. The Election Commission of India approved the names of moderators for such panel discussions and debates in consultation with the Prasar Bharati Corporation. The scheme received wide publicity in the electronic and print media and the historic decision of the Commission was whole-heartedly welcomed by all concerned. The Commission by its innovative approach introduced indirect state funding of elections. At the same time, the scheme ensured that such state funding could not be misutilised.

MEDIA AND ELECTIONS

The scheme has also been successfully implemented in the subsequent elections for General Elections in 1999 and State Assembly Elections in Nov 1998, June 1999 and February, 2000. The details of time allocated on Doordarshan and All India Radio to recognised political parties since inception of scheme till the latest assembly elections in 2000 are given in separate statements.

MAJOR EVENTS & NEW INITIATIVES

312

Statement I Time Available to National Parties on National Channel / Hook-up of DD / AIR Base time per party = 45 minutes Total time to all parties = 600 minutes SI. No.

Party

Base Time

Proportionate Time

Total Time Total Time rounded off to multiple of 5 minutes

Total Time

1.

BJP

45

81.37

126.37

125.00

2hrs. 5 min.

2.

BSP

45

14.59

59.59

60.00

1 hr.

3.

CPI

45

7.88

52.88

55.00

55 min.

4.

CPM

45

24.54

69.54

70.00

1 hr. 10 min.

5.

INC

45

115.51

160.51

160.00

2 hrs. 40 min.

6.

JD

45

32.42

77.42

75.00

1 hr. 15 min.

7.

SAP

45

8.69

53.69

55.00

55 min.

Total

315

285.00

600.00

10 hours

Time Available to National Parties on Regional Kendras / State Capital Kendras of DD / AIR SI.

Party

No.

Total Time

Total Time rounded off to multiple of 5 minutes

Total Time

1.

BJP

189.56

190

3 hrs. 10 min.

2.

BSP

89.39

90

1 hr. 30 min.

3.

CPI

79.32

80

1 hr. 20 min.

4.

CPM

104.32

105

1 hr. 45 min.

5.

INC

240.76

240

4 hrs.

6.

JD

116.13

115

1 hr. 55 min.

7.

SAP

80.53

80

1 hr. 20 min.

Total

900.00

900

15 hours

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Statement I

Time Available to National Parties on Regional Kendras / State Capital Kendras of DD / AIR Base time to each party = 45 minutes Total time to all parties = 1800 minutes SI. No.

Party

(1)

(2)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34.

ADMK FBL AIIC (S) AC AGP ASDC DMK FPM HVP HPDP

JKN JMM KEC KEC (M) MAG MPP MNF MUL NPC NTRTD (LP) PMK RPI RSP SP SAD SHS SDF SSP TMC (M) TDP TUJS

UDP UGDP Total

Total Time rounded off to multiple of 5 minutes

Proportionate Time

Total Time

(3)

(4)

(5)

(6)

45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45

17.26 6.88 1.06 0.00 11.73 0.80 40.69 0.37 6.27 0.14 1.52 0.02 4.02 1.67 1.84 0.52 0.62 0.51 3.84 0.52 7.42 0.07 3.28 8.35 42.99 12.78 20.68 0.44 0.22 22.17 ' 50.42 0.32 0.33 0.33

62.26 51.88 46.06 45.00 56.73 45.80 85.69 45.37 51.27 45.14 46.52 45.02 49.02 46.67 46.84 45.52 45.62 45.51 48.84 45.52 52.42 45.07 48.28 53.35 87.99 57.78 65.68 45.44 45.22 67.17 95.42 45.32 45.33 45.33

60 50 50 45 55 45 85 45 50 45 45 45 50 45 45 45 45 45 50 45 50 45 50 55 90 60 65 45 45 65 95 45 45 45

1800.08

1785

Base Time

1530

270.08

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314

Statement II Elections for State Assemblies of Rajasthan, Madhya Pradesh, NCT of Delhi, and Mizoram Time Available to National / State Parties on Regional Kendras / State Capital Kendras of DD/AIR SI. No.

Name of State

a) i.

Total Time Name of National / Allotted for Broadcast State Party / Telecast

(2) Madhya Pradesh

(3) 1. 2. 3. 4. 5.

BJP BSP CPI CPM INC

6.

JD

7. SAP Total 2.

Mizoram

1. 2. 3. 4. 5.

BJP BSP CPI CPM INC

6.

JD

7. SAP 8. MNF Total 3.

Rajasthan

1. 2. 3. 4. 5.

BJP BSP CPI CPM INC

6.

JD

7. SAP Total 4.

NCT of Delhi

1. 2. 3. 4. 5.

BJP BSP CPI CPM INC

6-

JD

7.

SAP

Total

(4) 195 60 45 45 190 50 45 630

Mts. Mts. Mts. Mts. Mts. Mts. Mts. Mts.

50 45 45 45 110 45 45 110 495

Mts. Mts. Mts. Mts. Mts. Mts. Mts. Mts. Mts.

190 50 45 50 195 60 45 635

Mts. Mts. Mts. Mts. Mts. Mts. Mts. Mts.

135 45 45 45 120 55 45

Mts. Mts. Mts. Mts. Mts. Mts. Mts.

490 Mts.

315

MEDIA AND ELECTIONS

Statement III Allotment of Broadcasting / Telecasting Time to Political Parties for State Election, 1999 to the Legislative Assembly of Goa. SI. No.

Name of National / State Party

0)

(2)

Minimum Base Time (minutes)

Additional Time (minutes)

(3)

(4)

Total Total Time rounded off to Time multiple of (minutes) 5 minutes (5)

(6)

1.

BJP

45

74.62

119.62

120

2.

BSP

45

3.56

48.56

50

3.

CPI

45

1.33

46.33

45

4.

CPM

45

0.95

45.95

45

5.

INC

45

141.54

186.54

185

6.

JD

45

0.56

45.56

45

7.

MAG

45

73.84

118.84

120

;

8.

UGDP

45

63.61

108.61

110

"

360

360.00

720.00

720

MAJOR EVENTS & NEW INITIATIVES

316

Statement IV Time Available to National Parties on National Channel / Hook-up of DD / AIR SI. No.

Party

0)

(2)

Additional Time (minutes)

Total Time (minutes)

(3)

(4)

(5)

Base Time (minutes)

Total Time rounded off to multiple of 5 minutes (6)

1.

BJP

45

127.54

172.54

175.00

2.

BSP

45

23.25

68.25

70.00

3.

CPI

45

8.70

53.70

55.00

4.

CPM

45

25.69

70.69

70.00

5.

INC

45

128.68

173.68

175.00

6.

JD

45

16.14

61.14

60.00

270

330.00

Total

605.00

317

MEDIA AND ELECTIONS

Statement IV Time Available to National Patties on Regional Kendtas / State Capital Kendras of DD / AIR SI. No.

Patty

(2)

(1)

Total Air-time Total Air-time on Total Air-time on National Regional Kendras on Regional Channel / State Capital Kendras / State Kendras (minutes) Capital Kendras (minutes) rounded off to multiple of 5 minutes (3)

(4)

(5)

1.

BJP

172.54

258.80

260.00

2.

BSP

68.25

102.38

100.00

3.

CPI

53.70

80.55

80.00

4.

CPM

70.69

106.04

105.00

5.

INC

173.68

260.52

260.00

6.

JD

61.14

91.71

90.00

900.00

895.00

Total

MAJOR EVENTS & NEW INITIATIVES

318

Statement IV Time Available to State Parties on Regional Kendras / State Capital Kendras of DD / AIR Base time to each party = 35 Minutes Total time to all parties = 1800 Minutes Party

SI. No

Proportionate Time (Minutes)

Total Time (Minutes)

(3)

(4)

(5)

(6)

Base Time (Minutes)

(2)

(1)

Total Time rounded off to multiple of 5 minutes

1.

AC

35

0.10

35.10

35

2.

ADMK

35

8.60

43.60

45

3.

AGP

35

2.69

37.69

40

4.

AITC

35

5.33

40.33

40

5.

ASDC

35

0.25

35.25

35

6.

BJD

35

2.19

37.19

35

7.

DMK

35

12.50

47.15

45

8.

FBL

35

2.29

37.29

35

9.

FPM

35

0.03

35.03

35

10.

GRCP

35

0.03

35.03

35

11.

HPDP

35

0.08

35.08

35

12.

HVC

35

0.24

35.24

35

,13.

HVP

35.

1.94

36.94

35

14.

ICS

35

0.02

35.02

35

15.

INLD

35

1.17

36.17

35

16.

JKN

35

1.09

36.09

35

•17.

JMM

35

1.26

36.26

35

U8.

35

0.00

35.00

35

19.

JP KEC

35

0.20

35.20

35

20.

KEC (M)

35

0.60

35.60

35

:.21.

LS

35

1.45

36.45

35

;22.

MAG

35

0.10

35.10

35

23.

MDMK

35

2.18

37.18

35

*

319

MEDIA AND ELECTIONS

Party

SI. No.

Base Time (Minutes)

(2)

(1) 24.

MNF

Proportionate Time (Minutes)

Total Time Total Time rounded off to multiple of (Minutes) 5 minutes

(3)

(4)

(5)

(6)

35

0.11

35.11

35

25.

MNF (N)

35

0.02

35.02

35

26.

MPP

35

0.22

35.22

35

27.

MSCP

35

0.11

35.11

35

28.

MUL

35

1.33

36.33

35

29.

MZPC

35

0.05

35.05

35

30.

NTRTDP(LP)

35

0.23

35.23

35

31.

PDM

35

0.05

35.05

35

32.

FMK

35

1.75

36.75

35

33.

RJD

35

5.96

40.96

40

34.

RPI

35

0.82

35.82

35

35.

RSP

35

2.36

37.36

35

36.

SAD

35

4.63

39.63

40

37.

SAP

35

6.98

41.98

40

38.

SDF

35

0.12

35.12

35

39.

SHS

35

7.98

42.98

45

40.

SJP(R)

35

0.02

35.02

35

41.

SP

35

19.62

54.62

55

[42.

SSP

35

0.05

35.05

35

43.

TDP

35

17.73

52.73

55

44.

TMC (M)

35

5.09

40.09

40

45.

TUJS

35

0.08

35.08

35

46.

UDP

35

0.31

35.31

35

47.

UGDP

35

0.11

35.11

35

48.

UMFA

35

0.29

35.29

35

1680

120.00

1800.00

1780

Total

i :

'

MAJOR EVENTS & NEW INITIATIVES

320

Statement V General Elections to the Legislative Assemblies, 2000 of the States of Bihar, Haryana, Manipur and Orissa Time Available to National / State Parties on Regional Kendras / State Capital Kendras of Doordarshan / All India Radio SI. No.

Name of State

(1) I.

Name of National / State Party

(2) Bihar

(3) 1. BJP 2. BSP 3. CPI

9. JMM 10. RJD

11. SAP

85

CPM INC

6. JD(S) 7. JD(U) 8. NCP

TOTAL Haryana

(4) 180 55 80 55 155 45 105 50 65 125

4. 5.

II.

Total Time Allotted for Broadcast / Telecast (in minutes)

1. 2. 3. 4. 5.

BJP BSP CPI CPM INC

6. JD(S) 7. JD(U) 8. 9. 10. 11.

NCP HVP INLD SAP

TOTAL

1000 Mts. 130 60 45 45 170 45 45 45 110 105 100

900 Mts.

321

MEDIA AND ELECTIONS

SI. No.

Name of State

(1) III.

Name of National / State Party

(2) Manipur

1. 2. 3. 4. 5.

(3)

(4)

BJP BSP CPI CPM INC

60

Orissa

45 75 45

210

6. JD(S) 7. JD(U)

45

8. 9. 10. 11. 12. 13.

80

NCP FPM MPP MSCP RJD SAP

TOTAL IV.

Total Time Allotted for Broadcast / Telecast (in minutes)

1. 2. 3. 4. 5.

BJP BSP CPI CPM INC

6. JD(S) 7. JD(U)

55 70

170 110

.

50 65

1080 Mts. 120

45 55 50 255

45 45

8. NCP 9. BJD

105

TOTAL

765 Mts.

45

CHAPTER XIII

ELECTORAL LAWS AND REGULATIONS :

Recent Amendments

Laws and Regulations Laws and Regulations governing the electoral procedure flow from four sources; (i) Constitution of India; (ii) Acts passed by Parliament, (iii) Rules framed under the Acts, and (iv) Executive Orders/Directions of the Election Commission. The two Parliamentary Acts on the preparation/revision of electoral rolls and conduct of elections are the Representation of the People Act, 1950 and Representation of the People Act, 1951. The 1950-Act deals with the stages prior to the conduct of actual election, including preparation and revision of electoral rolls. The 1951-Act deals with all aspects of conduct of elections and post-election disputes. The statutory rules regarding preparation and revision of electoral rolls and conduct of elections are framed by the Ministry of Law and Justice in the Government of India, in consultation with the Election Commission. The major Rules are the Registration of Electors Rules, 1960 and the Conduct of Elections Rules, 1961. The executive Orders and Directions are issued by the Commission, in exercise of its plenary powers under Article 324 of the Constitution and under the powers specifically provided in the Acts and Rules. Recent Changes 2.

The major recent amendments made by Parliament to the above Acts were

the amendments of August, 1996 by the Representation of the People (Amendment) Act, 1996 (Act No. 21 of 1996).

MAJOR EVENTS & NEW INITIATIVES

Observers 3.

By one of the said amendments, a new section 20B was inserted in the 1951-

Act, providing statutory sanction to the appointment of Observers by the Election Commission for elections. Prior thereto, they were appointed by the Commission in exercise of its plenary powers under Article 324 of the Constitution. They serve as the ears and eyes of the Commission in the field. They have now been given specific powers to direct the Returning Officers to stop counting of votes at any stage before the declaration of results, or direct them not to declare the results, if in their opinion, booth capturing has taken place at a large number of polling stations or at the counting place or if the ballot papers have been tampered with.

Campaign Period 4.

The period between the last date for withdrawal of candidatures and the

date of poll is, in common parlance, known as the campaign period. The minimum duration of such period, which was earlier 20 days, was reduced to 14 days by the 1996 amendment. Number of Proposers for Candidates 5.

The number of proposers for a valid nomination prescribed under Section

33 of 1951—Act was amended to provide for more number of proposers in the case of independent candidates and candidates of unrecognised political parties. The amended provisions require that an independent candidate or a candidate of an unrecognised party at an election from a parliamentary or assembly constituency should be proposed by 10 electors of the constituency as proposers. Prior to the amendment, only one proposer was required for any candidate. The amendment, however, has not changed the position with regard to the candidates of recognised parties, who still require only one proposer as was the earlier position. The underlying intention in increasing the number of proposers for the independent candidates was to check the number of non-serious candidates who used to enter the electoral fray.

ELECTORAL LAWS AND REGULATIONS : RECENT AMENDMENTS

Security Deposit 6.

Another important measure adopted in the Amendment Act of 1996 as a

deterrent against non serious candidates was the enhancement of the security deposit for elections. The deposit was raised to Rs. 10,000/- (from Rs. 500/-) in the case of election to the House of the People and to Rs. 5,000/- (from Rs. 250/-) for Assembly elections. The salutary effect of this amendment was apparent at the elections held in 1997 and 1998, where the number of candidates came down significantly. Arrangement of Names of Candidates 7.

The 1996-amendment prescribed a new order of arranging the names of

contesting candidates. Prior to the amendment, their names were arranged strictly in the alphabetical order of names in the lists of contesting candidates and in the ballot papers. The amendment provides that the candidates shall be classified into three categories. The candidates of recognised parties will be shown first and their names arranged in alphabetical order. After the first category of recognised parties, the candidates of unrecognised parties will be shown in alphabetical order of their names. The independent candidates will appear at the end of the list. The ballot papers will also show the names in the same sequence. Countermanding of Elections on Death of a Candidate 8.

An important change made by the 1996-amendment was to change the law

relating to countermanding of elections. Before the amendment, an election had to be countermanded in the event of death of a candidate set up by a recognised party during the period mentioned in the relevant section (Section 52). The amended provisions of law provide that no election shall be countermanded on the death of any candidate. If a candidate set up by a recognised party dies, in the circumstances mentioned in Section 52, the poll will be adjourned to a later date to be fixed by the Commission. The recognised party concerned will be given an option to nominate another candidate at that election within a period of 7 days of the issue of a notice to the party to that effect by the Commission.

325

326

MAJOR EVENTS & NEW INITIATIVES

Staff on Election Duty 9.

An important amendment was made to section 159 of 1951-Act, specifically

providing that the staff of all Universities established by Central, Provincial or State Acts, Public Sector Undertakings, Institutions and Concerns, established under a Central, Provincial or State Act, or which are financed wholly or substantially by funds provided by the Government, and the staff of a government company as defined in section 617 of the Companies Act, 1956, can be requisitioned for performing duties in connection with an election, in addition to government staff and staff of local authorities. Such an amendment was essentially required as the number of personnel required for manning the polling stations at a general election is very large and the huge demand could not be met from out of the staff of government and local bodies alone. Amendment to Rules 10.

The major amendment made recently to the Conduct of Election Rules,

1961, was the raising of the maximum limits of election expenses for candidates. Ceiling on election expenses that can be incurred by a candidate is prescribed under Rule 90 of the 1961-Rules. After constant persuasion by the Commission, the Government of India, in December, 1997, raised the ceiling up to a maximum of Rs. 15 lakhs in the case of a Parliamentary Constituency in major States and up to a maximum of Rs. 6 lakhs for an Assembly Constituency. EXECUTIVE ORDERS OF THE COMMISSION I. Election Expenditure by Political Parties The Supreme Court of India pronounced a landmark judgement on 4.4.1996 in a writ petition filed by Common Cause, a registered society, in the . matter of election expenditure by political parties and candidates. In the judgement, the apex court held that the Election Commission has the power to call for details of money spent by political parties in cdnnection with elections. On the basis of the ruling of the Supreme Court, the Commission started the practice of obtaining the accounts of election expenditure incurred by political parties at elections. This practice was introduced for the first time at the general election to the Lok Sabha and certain State Assemblies held in April/May, 1996.

ELECTORAL LAWS AND REGULATIONS : RECENT AMENDMENTS

The Commission has been following the practice in all subsequent elections. The Commission has also revised the formats in which the candidates submit their individual accounts of election expenses. They are now required to give details of, not only their own expenditure, but also the expenditure of their parties, friends and supporters on their elections. II. Criminalisation of Politics The issue of persons with criminal background contesting elections was engaging the attention of the Commission for quite some time. Section 8 of Representation of People Act, 1951, provides that persons convicted and sentenced to imprisonment for the offences mentioned therein, shall be disqualified from contesting elections for the period of their sentence, and shall continue to be disqualified for a further period of 6 years since release from prison. The Commission had observed that there were several instances of persons, convicted by lower courts, contesting elections on the strength of stay orders obtained from the appellate courts against the order of trial courts. In August, 1997, the Commission issued an order explaining the true intent of Section 8, and the effect of bail for the purpose of contesting election. In the said order, the Commission clarified that disqualification under Section 8 for contesting election, on conviction for offences mentioned under that section, takes effect from the date of conviction by the trial court, irrespective of whether or not the convicted person is released on bail during the pendency of any appeal. The Commission directed that all Returning Officers must take note of the correct legal position in this behalf and decide accordingly about the validity or otherwise of the candidature of the contestants. The Commission also prescribed a format in which all persons filing nominations are to furnish information regarding their convictions, if any. The information, supported by an affidavit, is to be filed by the candidate at the time of his nomination. III. Prohibition of Going Armed to or Near Polling Stations Section 134B of the Representation of the People Act, 1951, prohibits any person, other than the Returning Officer and other election and security officials, from going armed to or within the neighbourhood of a polling station. There

327

MAJOR EVENTS & NEW INITIATIVES

have been instances in the past when persons enjoying security cover by the State were appointed as election agents or polling or counting agents of candidates. Such agents visit the polling stations and counting centres with their armed security. This amounts to violation of the provisions of Section 134B and also creates a sense of awe among the other election agents. Taking note of this violation of law, the Commission directed that no ministers or other persons, enjoying security cover by the State, should be appointed as election agent or polling or counting agent of the candidates, and that no person should enter into any polling station or go within its neighbourhood (of 100 metres) along with armed security. The direction was slightly relaxed in the case of SPG protectees. In their case, the CPT will be allowed to accompany them to the door of the polling booth or counting hall. Thereafter, one PSO, with concealed fire arm, will accompany the protectee inside the polling booth or the counting hall, without interfering with the proceedings in any manner. IV. Migrant Voters of Jammu & Kashmir During the summary revision of electoral rolls of the Assembly constituencies and Parliamentary constituencies in the State of J&K with reference to 1.1.1995 as the qualifying date, the Election Commission had made special provision for inclusion of "migrant voters" in the electoral rolls of their native places, because of the problem of large scale migration of some sections of Kashmiris from the Valley witnessed after 1989. The Commission had defined "migrant voter" for purpose of electoral roll revision as a person who individually or along with his family left his place of ordinary residence at any place in the valley, on or after 1.4.1989, and has been temporarily residing at any other place in the State of J&K or in any other State/U.T. of India. Assistant Electoral Registration Officers were appointed by the Commission exclusively for the enrolment of electors in various camps set up for these migrants in Jammu, Delhi and Chandigarh. The Central Government and the Government of Jammu and Kashmir amended the Representation of the People Act, 1951 and the Conduct of Elections Rules, 1961, and the corresponding Act/Rules in J&K election law, to make these migrant electors eligible to give their votes by postal ballot during the general

ELECTORAL LAWS AND REGULATIONS : RECENT AMENDMENTS

329

elections to the House of the People held in 1996 and 1998 and to the J&K Legislative Assembly held in September, 1996. The Commission made special arrangements for setting up of special postal boxes at various migrant camps in Jammu and Delhi, and also at Tis Hazari Courts and Jammu and Kashmir Bhawan in Delhi,

for expeditious clearance of

applications for postal ballots and also ballot papers posted by these migrant electors. In addition, the Commission specially posted several gazetted officers at the above mentioned places to attest the applications and declarations to be made by the migrant voters for postal ballot papers. The Commission further directed, at the general election to the House of the People held in 1998, that these postal ballot papers shall be mixed with ordinary ballot papers at the time of counting of votes to avoid any intimidation of the migrant electors after the elections. The scheme worked out satisfactorily. These measures greatly facilitated the migrant electors not only to participate in electoral exercise, but also to cast their votes without fear.

CHAPTER XIV

ELECTORAL REFORMS :

Comprehensive Proposals of Election Commission

1. DISQUALIFICATION OF A PERSON FOUND GUILTY OF CORRUPT PRACTICE The current procedure under the law is that after a High Court or the Supreme Court pronounces its judgment in an election petition or appeal, finding a candidate guilty of corrupt practice, the case of every such person goes to the President of India under Section 8A (1), through the concerned State Legislature Secretary or the Secretary General of Lok Sabha or Rajya Sabha, as the case may be. Thereafter, from the President it comes, under section 8A (3), to the Election Commission, where a judicial hearing is given to the affected party and the period of disqualification is judged by the Commission and its opinion in this regard communicated to the President, who thereafter determines the period of disqualification according to such opinion. Since the elements that go into what can be construed as a corrupt practice under the Act are numerous in number and keeping in mind the political reality in the country, it may not be correct to have a uniform automatic disqualification for six years for all those found guilty of corrupt practices, as was the case prior to 1975. Therefore, the existing system whereby there is flexibility in the quantum of punishment to be meted out to a candidate found guilty of corrupt practice should continue, because, what is termed as a corrupt practice under the laws

332

MAJOR EVENTS & NEW INITIATIVES

relating to elections varies from acts that are extremely objectionable, to those of a small technical infringement. For example, a candidate using a cycle rickshaw or a three wheeler or his own car for providing conveyance to a handful of voters commits, technically speaking, the same corrupt practice as does a candidate who hires fleet of cars, trucks and trolleys to ferry large crowds of voters to and fro polling stations. Both these candidates cannot, and should not, be put on par in the matter of quantum of punishment. The Election Commission, which is a multi-member body, is in close touch with the polity and is aware of the political reality that exists in the country. Therefore, the Election Commission is in the best position to decide on the gravity of the corrupt practice and the period of disqualification that it should attract. It may again be mentioned here that Election Commission arrives at those findings after giving a judicial hearing to the person convicted of corrupt practice. What is required to be done is to ensure that a decision on such questions of disqualification be rendered expeditiously. For this, it is suggested that the Commission, on receipt of the judgment from the High Court or the Supreme Court, may straightaway tender its opinion to the President, instead of the long circuitous route presently provided, where a reference, first to the President by the Secretary of the House concerned and, then, a further reference from the President's Secretariat to the Election Commission, is required, before the Election Commission gets jurisdiction to tender its opinion to the President. Needless to add here, often, for very obvious reasons, there is inordinate delay in the reference to emanate from the Secretaries of the Houses concerned. 2. ENHANCEMENT OF REQUIRED MINIMUM NUMBER OF VALID VOTES POLLED TO SAVE SECURITY DEPOSIT FROM "ONESIXTH" TO "ONE - FOURTH". The Election Commission of India has proposed that if a candidate fails to secure one-fourth of the valid votes polled as against one-sixth of the valid votes polled as at present, his security deposit should be forfeited. The Commission has pointed out that as per the existing law, a returned candidate never forfeits his security, irrespective of the number of votes received by him.

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

3. COMPULSORY MAINTENANCE OF ACCOUNTS BY POLITICAL PARTIES AND AUDIT THEREOF BY AGENCIES SPECIFIED BY THE ELECTION COMMISSION The Election Commission of India has always been of the view that political parties should be required to compulsorily maintain their accounts and get them audited by agencies specified by the Commission. There is strong need for transparency in the matter of collection of funds by the political parties and also about the manner in which those funds are expended by them. Therefore, the political parties must be required to publish their accounts annually for information and scrutiny of the general public and all concerned, for which purpose the maintenance of such accounts and their auditing to ensure their accuracy is a pre-requisite. The Commission, therefore, recommends to the Government that political parties registered with the Commission should be required to compulsory maintain their accounts and get them audited by the agencies specified by the Election Commission of India and that contravention of the same by any political party may lead to its de-registration by the Commission. 4. REGULATION OF DONATIONS BY COMPANIES TO POLITICAL PARTIES The current provision on this issue, as per the statute, is that a company in existence for more than 3 years may contribute an amount not exceeding 5% of its average net profit. The Election Commission does not approve of total ban on donations by companies to political parties. After all, the political process and the activities which a political party legitimately engages itself involve heavy cost which has to be met by funds coming through certain channels. Moreover, if trade unions and other organisations are allowed to contribute to political parties, there seems to be not much ground that companies should be banned from making donations to political parties. Efforts should be made to create an atmosphere where there is more transparency in financial dealings rather than take extreme measures which would only drive these activities underground and away from the public gaze.

333

MAJOR EVENTS & NEW INITIATIVES

To sum up, therefore, the Commission is of the view that, in a democracy, companies may be allowed to contribute for political causes. However, such contributions should be limited to a reasonable level and, all transactions in this regard must be made in a completely transparent manner. 5. REGISTRATION AND DE-REGISTRATION

OF POLITICAL

PARTIES - STRENGTHENING OF EXISTING PROVISIONS Political parties are registered with the Commission under the provisions of section 29A of the Representation of the People Act, 1951. The section, as it stands, suffers from certain looseness by which just about any small group of persons, if they so desire, can be registered as a political party, by making a simple declaration under section 29A(5). This has resulted in mushrooming and proliferation of a large number of non-serious parties, which causes a considerable systems load in the management of elections. By way of example, more than 650 parties are presently registered with the Election Commission, out of which only 150 or so contested in the general elections of 1998. The same trend was there in 1996 general elections as well as in 1991 general elections. Since the lay public is not aware as to how easy it is to get a political party registered with the Election Commission, probably, the motivation for the non-serious parties to get registered is to give some sort of a distorted aura of their status and standing in their localities, particularly in rural and mofussil areas. The Commission feels that election is a serious process and this tendency of small groups of individuals, who have no serious interest or desire to contest elections, should not easily be allowed to get the official stamp from the Commission as active political parties. In addition to there not being sufficient conditions under section 29A to deny registration to a political party, the section also suffers from a serious infirmity that once registered, a political party would stay registered in perpetuity, even if, it does not contest any election over decades of its existence. This is because there is no specific provision to de-register a party. Similarly, certain political parties which have served their purpose and have presently become defunct, which is normal in the functioning of a democracy, also stay on the rolls of the Commission as functioning political parties. It can readily be seen that the state of affairs is not a happy one. The Commission, therefore, suggests that under the existing

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

335

section 29A of the Representation of the People Act, 1951, another clause may be introduced authorising the Election Commission to issue necessary orders regulating registration and de-registration of political parties. 6. RATIONALISING

SIZE

OF

ELECTORATE

FOR

EACH

CONSTITUENCY Today, the Election Commission is faced with the scenario of conducting elections to various Lok Sabha and Assembly seats, which are vastly incongruous in their character in so far as their population, area and terrain is concerned. These constituencies were mostly de-limited in 1975 by the De-limitation Commission specially set up for the purpose. The Election Commission is a permanent constitutional authority mandated to superintend, direct and control elections in the country. It has a wealth of experience gained in conducting elections all over the country. The De-limitation Commission is a statutory and a temporarily created body. Although, the Chief Election Commissioner is normally associated with the De-limitation Commission, it needs to be said that a Constitutional Commission has a status higher than a Commission which emerges out of an enacted statute. The fact that the Election Commission is a permanent body, (now a three member body and its members have been given the status of Judges of the Supreme Court), having the necessary experience in conducting elections and tackling the nitty gritty of election management and electioneering, makes it the most appropriate body to undertake the de-limitation and to balance the distortions that creep in from time to time in the constituencies as de-limited, including rotation of seats for SC or ST candidates and so on. The Commission is an independent and completely neutral institution, and is perceived as such by both the polity and the general public in the country. It is, therefore, entirely in the fitness of things that the task of de-limitation of constituencies, of ironing out the imbalances that creep in from time to time, including the question of rotation of seats for reserved categories, should appropriately be entrusted to the multi Member Election Commission. In this context, it is worthy of note that the Election Commission is already being entrusted with the task of de-limiting the constituencies, whenever an emergent need arises, consequent upon the conferment of Statehood on a Union

336

MAJOR EVENTS & NEW INITIATIVES

Territory or any reorganisation of the States, like the conferment of Statehood on the Union Territories of Goa, Arunachal Pradesh, Mizoram or the conversion of Delhi into the National Capital Territory of Delhi and grant of a Legislative Assembly thereto. Similarly, it was the Election Commission which was asked to determine the additional seats for SCs and STs on the enactment of the SCs and STs Orders (Amendment) Act, 1976. Further, the Election Commission is also the authority to determine the territorial extent of the council constituencies in the States having Legislative Councils. The Constitution has already fixed the maximum and minimum limits for seats in Parliament and in State Legislatures. Within those parameters laid down by the Constitution, Parliament can further allocate the number of seats to various States in the House the People and can also fix the total number of seats in the various Legislative Assemblies. Thereafter, all matters relating to de-limitation of States into Parliamentary and Assembly Territorial Constituencies should be left to the Election Commission. The Commission should also have the power to remove the distortions from time to time which affect the very basic principle of elections, namely, one man-one vote.

To illustrate, the Chandni Chowk

Parliamentary Constituency at present has only about 3.68 lakh electors, whereas the number of electors in Outer Delhi Constituency is more than 29 lakh. Similarly, in Maharashtra, Thane Parliamentary Constituency has about 28.70 lakh electorate in comparison to the electorate of only about 7 lakh in Mumbai South Parliamentary Constituency; in Tamil Nadu, the number of electors in Madras South Parliamentary Constituency is nearly 20 lakh in comparison to only about 10 lakh in Mayiladuthurai Parliamentary Constituency, and so on. The above examples, which are only representative, would illustrate that the value of vote of an elector in Outer Delhi Parliamentary Constituency is almost 1/8* of the value of vote of an elector in Chandni Chowk Constituency, in so far as the election to the House of the People is concerned. The Election Commission, if given the power to de-limit the Parliamentary and Assembly Constituencies and to remove the distortions periodically, would do so, according to well considered norms, which it would evolve in consultation with the political parties and which would be widely made known to general

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

public and all concerned, so that there is complete transparency in this whole operation of balancing various Parliamentary and Assembly Constituencies in the States and in the whole of the country. 7. CURBING OF ROLE OF MONEY POWER IN ELECTIONS IMPROVISING EXISTING ARRANGEMENTS The Supreme Court of India pronounced a landmark judgement on 4.4.1996 in a writ petition filed by Common Cause, a registered society, in the matter of election expenditure by political parties and candidates. In the judgement, the apex court held that the Election Commission has the power to call for details of money spent by political parties in connection with elections. On the basis of the ruling of the Supreme Court, the Commission started the practice of obtaining the accounts of election expenditure incurred by political parties at elections. This practice was introduced for the first time at the general election to the Lok Sabha and certain State Assemblies held in April/May 1996. The Commission has been following the practice in all subsequent elections. But the above alone is not enough for reducing the election expenses of candidates and political parties. The Election Commission has been consistently pressing the Government that expenditure incurred by a political party, friends individuals, etc. should also be included in the election expenses of a candidate for purposes of ceiling on election expenses. 8. EMPOWERING ELECTION COMMISSION TO FIX CEILING ON ELECTION EXPENSES The Election Commission, which is in touch with the ground realities, with the political system in the country, and with elections and electioneering that take place in various Constituencies, is best equipped to fix ceiling on election expenses, for various constituencies before every general election. The nature of the constituencies, some of which are small and compact and others which are markedly larger in area and far flung, require to have ceilings on election expenses, varying from each other. Moreover, between two elections, if held after the normal gap of five years, the nature of certain constituencies in so far as the population

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MAJOR EVENTS & NEW INITIATIVES

density aspect is concerned often changes in a significant manner. All this and more would be taken into account by the Commission and a rational basis of fixing ceilings, on election expenses would be applied before the general elections. The Commission has, therefore, recommended that it should be expowered under the law to fix these ceilings instead of the Central Govt. as at present. In fact, it would be pertinent here to point out that the recent upward revision in the ceiling limits to Rs.15 lakh for a Lok Sabha Constituency and Rs.6 lakh for an Assembly Constituency has largely taken place due to the initiative taken by the Commission. 9. ANTI-DEFECTION LAW - EMPOWERING THE COMMISSION TO ADJUCATE AND RECOMMEND ACTION FOR PRESIDENT/ GOVERNOR The Commission sees considerable merit in the proposal being mooted in several quarters that the legal issue of disqualification on the ground of defection arising under the Tenth Schedule to the Constitution should be left to the President or the Governor, like the cases of other post-election disqualifications of sitting MPs and MI,As on the grounds mentioned in Articles 102(1) and 191(1) of the Constitution. The President or the Governor, as the case may be, decides those issues of post-election disqualifications on the opinion of the Election Commission. The Commission is now a multi-member Commission. It is completely neutral and an impartial body and renders its opinion to the President/Governor, after giving full opportunity to the parties concerned, with expedition. If the decisions relating to anti-defection matters are rendered by the President or the Governor, on the opinion of the Commission, the same would receive more respect and acceptability from the common people, apart from being arrived at more quickly and expeditiously. 10. EMPOWERING ELECTION COMMISSION TO COUNTERMAND AN ELECTION ON REPORT FROM ANY ELECTION OBSERVER IN ADDITION TO RETURNING OFFICER The Election Commission has recommended that it should be empowered to countermand the election in the case of booth capturing on a large scale, even

COMPREHENSIVE PROPOSALS OF ELFXTION COMMISSION

339

otherwise than on a report from the Returning Officer. Instances are not wanting where certain Returning Officers have not been candid or forthright in reporting full facts to the Commission about the extent of booth capturing in their Constituencies. Section 58A of the Representation of the People Act, 1951 should be so amended that the Commission is able to take action with regard to complaints of booth capturing and vitiation of the electoral process from any source and take appropriate action thereon, including the countermanding of election.

11. EMPOWERING

ELECTION

COMMISSION

TO

ISSUE

INSTRUCTIONS AND TO MAKE RECOMMENDATIONS IN CONNECTION WITH ELECTION The Election Commission of India has recommended that it should be specifically empowered under the Law to issue instructions to any officer in connection with conduct of elections and to make recommendations for referring any matter of investigation to any agency specified by it or for prosecution of any person who has committed any electoral offence and for trial of any offence under the Act, to enhance the purity of electoral system. Further, the Commission recommended that any such instruction issued on recommendation made by the Commission should also be made binding on the person or institution receiving it to act on the same. It may be worthwhile to mention that the above proposals by the Commission are being made to the Government since the 1970s. The Joint Committee of Parliament on Amendments to Election Law, set up in 1970, had also recommended the acceptance of these proposals, and the same were included in the Representation of the People (Amendments) Bill, 1973 (vide clause 57), which lapsed in 1976.

MAJOR EVENTS & NEW INITIATIVES

12. MOBILISATION

OF

EMPLOYEES

OF

PUBLIC

SECTOR

UNDERTAKINGS, AUTONOMOUS BODIES, STATUTORY AND NON-STATUTORY BODIES AIDED BY THE GOVERNMENT ETC., FOR ELECTION EMPLOYEES

OF

DUTIES AS ALSO TO PROVIDE SUCH

BODIES

INCLUDING

THAT LOCAL

AUTHORITIES COULD ALSO BE DEPLOYED FOR ELECTION DUTIES OUTSIDE THEIR STATE The Election Commission is happy to take note of recent amendment made at the insistence of the Commission, to section 159 of the Representation of the People Amendment Act, 1998, permitting the deployment of staff of above mentioned undertakings, bodies etc., on election duties. 13. COMPOSITION OF ELECTION COMMISSION - FIXED NUMBER OF TWO ELECTION COMMISSIONERS AND A CHIEF ELECTION COMMISSIONER - THE METHOD OF APPOINTMENT AND THE CONSTITUTIONAL PROTECTION AFTER

APPOINTMENT

SHOULD BE THE SAME FOR CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS The Commission has recommended that Article 324 of the Constitution should be amended to provide as under :(a)

There should be a maximum of 2 Election Commissioners, along with the Chief Election Commissioner;

(b)

The method of appointment and the Constitutional protection after appointment, should be the same for the CEC and the other Election Commissioners.

14. INDEPENDENT SECRETARIAT FOR ELECTION COMMISSION OF INDIA ON THE LINES OF LOK SABHA SECRETARIAT The Election Commission of India has recommended to the Government that the Commission should have its own Independent Secretariat for securing the real independence of the Election Commission of India. It has further

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

•

recommended that the expenditure on the Secretariat of the Commission should be a charge on the Consolidated Fund of India. If the expenditure on the Secretariat of the Commission remains "voted", and thus subject to the scrutiny of the executive Government of the day as of now, the independence which is sought to be given to the Commission would be eroded and would frustrate the underlying object of an "independent" Commission. The administrative expenditures on the offices of the Union Public Service Commission and the Comptroller and Auditor General of India, who are also constitutional authorities like the Election Commission of India are charged on the Consolidated Fund of India vide Articles 322 and 148 (6) of the Constitution of India. 15. CRIMINALISATION OF POLITICS - DEBARRING PERSONS PROPERLY CHARGED BY A COURT IN RESPECT OF CERTAIN OFFENCES FROM CONTESTING ELECTIONS The whole country is now expressing serious concern over the anti-social and criminal elements entering the electoral arena. Even Parliament, in the debates on 50 years of independence and the resolution passed in its special session in August, 1997, had shown a great deal of concern about the increasing criminalisation of politics. It is widely believed that there is a growing nexus between the political parties and anti-social elements, which is leading to criminalisation of politics, where the criminals themselves are now joining election fray and often even getting elected in the process. Some of diem have even adorned ministerials berths and, thus, law breakers have become law makers. It is difficult to define as to who a criminal is. In strict legal parlance, a criminal may be one who has been convicted of crime by a court of law. But a common man perceives otherwise. In his eyes, a person who has been charged with certain types of offences and is under trial is also a criminal. The common man considers it criminalisation of politics if he sees a history sheeter or a notorious bad character involved, though not finally convicted, in various crimes of a heinous nature, like murder, dacoity or rape, contesting elections and getting elected. There is clamour that such history sheeters and bad characters should be debarred from contesting and holding any elective office.

34I

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MAJOR EVENTS & NEW INITIATIVES

The Election Commission has also been devoting serious thought to this vital issue. In August, 1997, it issued an order under Article 324 of the Constitution, whereby all candidates for elections to Parliament and State Legislatures are now required to file affidavits about their convictions in cases covered by section 8 of the Representation of the People Act, 1951, which disqualifies persons convicted of those specified offences. The Commission also clarified that the conviction by the Trial Court itself is sufficient to attract disqualificaiton and even those who are released on bail during the pendency of their appeals against their convictions are disqualified for contesting elections. It is a small step foward in combating the situation, but has been greatly welcomed by the common people. Taking into consideration the grave incongruities in the existing provisions of sub-sections (1), (2) and (3) of the said section 8 of the Representation of the People Act, 1951, illustrating the case of a rapist, convicted and sentenced to ten years imprisonment, being disqualified only for six years under sub-section (1) and being free to contest elections, even while in prison serving the last four years of his sentence, the Commission had suggested to the Government that the law may be simplified by amending said section 8 to provide that whoever is convicted of any offence by a Court of law and sentenced to imprisonment for six months or more should be debarred from contesting elections, for a period totaling the sentence imposed plus an additional six years. The Commission has further suggested that any person who is accused of any offence punishable with imprisonment for five years or more should be disqualified, even when his trial is pending, provided that the competent court of law has taken cognisance of the offence and framed the charges against him. Parliament and State Legislatures are apex law making bodies in the country and should be composed of persons who enjoy high reputation in the minds of the general public and are perceived by them to be men of integrity. A person who is charged of a serious offence and about whose involvement in that offence a court of law is prima-facie satisfied and has, after weighing the evidence before it, framed charges against him, should not become a potential law-maker by being permitted to contest elections. The Constitution of India recognises the principle

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

343

of reasonable restrictions on rights of individuals, even the fundamental rights guaranted under the Constitution. The Supreme Court of India has also upheld the doctrine of reasonable restrictions on the exercise of individual rights by citizens of India. In the Commission's considered opinion, a person who is facing trial in a serious offence, if kept out of the electoral fray till he is exonerated of the charge, should not have a legitimate grievance, as such restriction on his right to contest elections would be a reasonable restriction in the greater public interest and for bringing sanctity to the august houses which are the supreme law making bodies of the country. 16. EMPOWERING

ELECTION

COMMISSION

TO

FRAME

DISCIPLINARY RULES IN RESPECT OF ELECTION OFFICERS All civil officers performing election work, like Chief Electoral Officers, District Election Officers, Returning Officers, Electoral Registration Officers, and all police officers designated by the State Government for election work, are deemed, by law, to be on deputation to the Election Commission, while employed on election

duties, and are also subject to the Commission's control,

superintendence and discipline, during that period vide Section 13CC of the Representation of the People Act, 1950 and Section 28A of the Representation of the People Act, 1951. Though these two statutory provisions, apart from the overall Constitutional scheme in Article 324, expressly confer on the Election Commission, disciplinary control over all officers and staff performing election duties, the Central Government has taken the stand in 1993 that the Commission can only recommend disciplinary action against erring election officers, but cannot take action against them on its own. The Commission was, and is still, of the considered view that the stand taken by the Government was not in conformity with the law enacted by Parliament, which, in its collective wisdom, vested the disciplinary control over all election officers in the Election Commission. Things came to such an impasse that the Commission had, perforce, to approach the Supreme Court of India for determination of this vital legal issue. The matter is still pending before the apex court which had suggested at the latest hearing that the Government and the Commission may resolve the matter on their own after mutual discussions.

MAJOR EVENTS & NEW INITIATIVES

The Election Commission has reiterated to the Govt. that the matter could be settled amicably by having a re-look into the matter for ensuring free and fair elections. The election machinery must be under the control of the Commission, and answerable to it for any acts of omission or commission. Such control and answerability of election machinery to the Commission can be achieved, only if the Commission has the power to discipline them. The Commission would exercise such disciplinary control and authority, over these officers, only during the limited period, between the announcement of elections and the declaration for results. The Commission must have the power to take action against those who commit any irregularity. If such power is conceded in the Commission, the Commission would ensure that it takes a collective decision expected of a multi-member body, after due deliberation, according to well established norms of disciplinary proceedings against civil servants, and after due observance of principles of natural justice. Even after the decision of the Commission, normal avenues of redressal by means of appeal / revision / review would be available to the delinquent officers. The Commission has taken up the matter at the highest level of Prime Minister and requested the Government to consider the views of the Commission and if they find merit in the proposal the details of implementation could be worked out through discussion and dialogue. 17. BAN ON TRANSFERS OF ELECTION OFFICERS ON THE EVE OF ELECTIONS The Election Commission has recommended that Section 13 CC of the Representation of the People Act, 1950, and Section 28A of the Representation of the People Act, 1951 should also be amended to provide that no transfer shall be made, without the concurrence of the Commission, of any officer referred to therein, as soon as a general election / bye-election becomes due in any Parliamentary or Assembly Constituencies. It is needless to say that such transfers, often made on grounds other than administrative exigencies, disrupt the arrangements then underway for conducting smooth and peaceful elections.

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

18. PROXY VOTING FOR SERVICE VOTERS The Commission has been taking up with the government various proposals for improvement of the electoral laws. The most novel among the proposals made by the Commission in recent times is the proposal for introduction of the system of proxy voting for the armed forces personnel, para military personnel, diplomatic and consular representatives of India abroad, and other officers and staff working in Indian Embassies. Electors belonging to these categories form a separate category of electors known as 'service voters'. According to the present position of law, the service voters are allowed the facility of getting themselves enrolled in their native places and, at an election, these electors can cast vote through postal ballot papers sent to them by the Returning Officer concerned. The Commission has observed that due to various logistic constraints, the most prominent being the difficulty encountered in dispatching the postal ballots to the service voters and receiving them back in time, the postal ballot system has not adequately served the purpose of enabling the service voters to exercise their franchise. After anxious consideration and extensive discussions on the issue, the Commission proposed that enabling the service voters to vote through the system of 'Proxy' would be an effective method of ensuring better participation by the service voters in the electoral process. The proposal is to permit the service voter to authorise any adult member of his family to vote for him in his native place. 19. APPOINTMENT OF APPELLATE AUTHORITY IN DISTRICTS AGAINST ORDERS OF ELECTORAL REGISTRATION OFFICERS The Election Commission has recommended that Section 24 of the Representation of the People Act, 1950 should be amended to provide for an appeal against the order of the Electoral Registration Officer to a Senior Officer in the district itself. At present, the said Section 24 provides that such appeals shall be filed before the Chief Electoral Officer, who sits in the State Capital. This arrangement is proving too inconvenient to intending appellants.

345

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MAJOR EVENTS & NEW INITIATIVES

20. MAKING

CONSULTATION

COMPULSORY

FOR

WITH

POLICE

ELECTION

ARRANGEMENTS

OFFICERS DURING

ELECTIONS The Commission has recommended that Chief Electoral Officer, District Election Officer and Returning Officer should be statutorily required to be consulted, and empowered to have a say, in the police arrangements being made in connection with the elections in the State, District or the Constituency, as the case may be. At present, they are often kept in the dark by the Police authorities, though the conduct of peaceful and orderly elections is the statutory duty of the said Election Officers. In this connection, it may be relevant to note that the Police Officers making police bandobust during elections are also on deputation to the Commission and subject to its control, superintendence and discipline. 21. MAKING OF FALSE DECLARATION IN CONNECTION WITH ELECTIONS TO BE AN OFFENCE The Commission recommended that making of any false statement or declaration before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or any authority appointed under the Representation of the People Act, 1951, in connection with any electoral matter should be made an electoral offence under the said Act, on the lines of Section 31 of the Representation of the People Act, 1950 which makes any false declaration or statement in connection with the preparation/revision of electoral rolls or inclusion/exclusion of any name in/from the electoral roll an electoral offence. 22. RULE MAKING AUTHORITY TO BE VESTED IN ELECTION COMMISSION Section 28 of the Representation of the People Act, 1950 and Section 169 of the Representation of the People Act, 1951, empower the Central Government to frame rules, after consultation with the Election Commission, to carry out the purposes of those Acts. While framing such rules, the Central Government is required to consult the Election Commission, but is not bound to accept the views or

COMPREHENSIVE PROPOSALS OF ELECTION COMMISSION

recommendations of the Commission. Sometimes, rules have been framed which were opposed to the specific recommendations of the Election Commission. On other occasions, rules have not been framed or amended on the lines recommended by the Election Commission. In the Commission's opinion, the above referred provisions of Section 28 of the Representation of the People Act, 1950 and Section 169 of the Representation of the People Act, 1951 are violative of and repugnant to, the provisions of Article 324 of the Constitution of India which vests the superintendence, direction and control of elections in the Election Commission , as the Central Government can make rules under the said sections which may adversely affect the powers of such superintendence, direction and control of Election Commission. After all the Central Government at all times is run by a political party. The Commission has, therefore, recommended that rule making authority under the Representation of the People Act, 1950 and Representation of the People Act, 1951, should be conferred on the Election Commission, instead of on the Central Government, who should, however, be consulted by the Election Commission while framing any rule.

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CHAPTER XV POLITICAL PARTIES AND T H E COMMISSION

Conference of Political Parties In a democracy, political parties are the central figures in the election scene. The present multi member Election Commission firmly believes that interaction with political parties is of immense help to the Commission in assessing and understanding better, the ground realities and practical aspects of conduct of elections. 2.

The Commission convened a meeting of all the recognised National and

State Political Parties on 7th May, 1997. This was the first meeting of its kind for quite a. long time. All the seven National Parties, and almost all State recognised parties, then in existence, were represented through their established and top leaders at the meeting. The meeting saw a frank and fruitful exchange of views on various issues related to revision of electoral rolls and conduct of elections. All the political parties appreciated the initiative of the Commission in convening the meeting. The Commission took due note of the ideas and proposals mooted at the meeting and some of the suggestions were pursued with the Government. 3.

In keeping with that practice, the Commission recently held another

meeting with all the National and State Parties on 3rd May, 1999, to discuss the vital issue of timing of the general election to the House of the People which has been necessitated by the sudden dissolution of the 12th House of the People on 26th April, 1999. Again, the meeting was attended by the top leaders of die country representing all the six National Parties and 40 of the 48 State Parties, now in existence.

MAJOR EVENTS & NEW INITIATIVES

350

4.

The Commission convened another meeting of recognised political parties th

on 29 April, 2000, to discuss certain important items of electoral reforms. This meeting too was well attended and saw the participants taking keen interest in putting across, their party's views on the proposals of reforms. Registration and Recognition Registration of political parties was brought on the statute book by Parliament in the year 1989 with the introduction of a new section 29A in the Representation of People Act, 1951. The amendment Act (No. 1 of 89) introducing this new section came into force on 15-6-89. Prior to the introduction of this section, registration of Political parties was governed by the provisions of the then existing paragraph 3 of the Election Symbols (Reservation and Allotment) Order, 1968. 2.

The procedure for registration, followed under the new section, was quite

liberal, to begin with. It was possible even for a very small group, without much following or support, to get registration by making a simple application giving the required particulars and a copy of its constitution or memorandum. The simple procedure involved, perhaps, prompted many an organisation without serious interest in political activities, to seek and obtain registration with the Commission. The Commission noted that many of the registered parties did not contest any election and only existed on the rolls of the Commission. The number of such non-serious parties became so alarmingly high that the Commission was constrained to take a fresh look at the procedure for registration of parties. As a measure to check the uncontrolled growth of non- serious parties, the Commission decided to tighten the requirements for registration. Under the powers conferred by sub-section (6) of section 29A, the Commission ordered that an association seeking registration should have a minimum of 100 members who are registered electors in the electoral rolls. For this purpose, the Commission specified that the applicant association shall submit extracts from the relevant electoral rolls to prove that the association has in its fold, a minimum of 100 members who are electors in one constituency or the other. Further, the President or General Secretary of the association is required to file an affidavit stating that none of the members of the association is a member of any other political party.

POLITICAL PARTIES AND THE COMMISSION

3.

The Commission, subsequently, laid down that all the aforesaid 100

members of the association shall also file individual affidavits stating that they are registered electors and that they are not members of any other political party. The Commission has also now prescribed a processing fee of Rs. 10,000/- for an association seeking registration. These measures are showing salutary effect and the number of new associations seeking registration now has considerably come down. Changes in Symbols Order The Election Symbols (Reservation and Allotment) Order, was formulated by the Commission in the year 1968. The Symbols Order lays down criteria for recognition of political parties, allotment of election symbols and other matters relating to recognised political parties. The validity of the Symbols Order came up for consideration before the Hon'ble Supreme Court of India in the case of Kanhiya YMI Omar Vs. R.K. Trivedi (AIR 1986 SC 111). The Supreme Court held that the Symbols Order did not suffer from any infirmity, legal or otherwise, and held it to be a valid piece of legislation. Certain amendments have been made in the Symbols Order from time to time, the latest being in the year 1999. Change in Criteria for Recognition as State Party One of the changes made in the amendment of 1997 is the revision of the criteria for recognition as a State Party. Recognition as a State Party is governed by paragraph 6 of the Symbols Order. That paragraph lays down two conditions, one in terms of number of seats won by the party and the other in terms of the percentage of votes polled by the party, on fulfilling any one of which, a registered party becomes eligible for recognition as a State Party. The criterion based on number of seats requires that at any general election to the State Legislative Assembly, the party should win at least one seat out of every 30 seats in the Assembly concerned, or in the case of the general election to the House of the People, one seat for every 25 Parliamentary seats allotted to that State. While

351

MAJOR EVENTS & NEW INITIATIVES

leaving the criterion relating to number of seats unchanged, the Commission revised the criterion relating to percentage of votes, by the amendment of 1997. The earlier criterion was that at a general election, either to the House of the People or to a State Legislative Assembly, the total valid votes polled by all contesting candidates set up by a party should not be less than 4% of the valid votes polled by all the contesting candidates in the State (excluding the votes polled by such candidates of the party as have not been elected and have not polled 1/ 12th of valid votes in a constituency). By the amendment, the'criterion was raised from four percent to six percent of valid votes polled in the State. But in such reckoning, all the votes polled by the candidates of a party shall be taken into account, without any exception, unlike in the past. Birds and Animals as Election Symbols Regarding allotment of symbols, the Commission took a policy decision not to allot any symbol depicting a bird or an animal as election symbol in future. This was aimed at preventing cruelty to animals and birds at the time of election campaigns. All such symbols as depicting a bird or an animal have been deleted from the list of free symbols available to the independent candidates and the candidates of unrecognised parties. Rationalisation of Symbols for State Parties The Commission also took another major policy decision of far reaching importance that once a symbol is reserved for a State recognised party, the said symbol will not be reserved for any other State Party, nor will it be used even as a free symbol in any other State. However, an exception has been made in respect of certain symbols which already stand reserved for more than one State Party. In the case of unrecognised political parties, the Commission took a decision that an unrecognised party, which was a recognised National or State Party not earlier than six years from the date of notification of an election, will get preference over other unrecognised parties in the matter of allotment of symbol to the candidate set up by such party at that election.

POLITICAL PARTIES AND THE COMMISSION

Recognition of Splinter Groups One of the most significant major policy decisions that the Commission took was in the matter of splits and recognition of splinter groups of recognised National and State Parties. The Commission decided that, unlike in the past, the Commission will hereafter not grant recognition straight-away to a splinter group of any such party. The splinter group will be treated as a new party and will be recognised only if it first gets registration and then fulfils any of the criteria prescribed for recognition at a general election which it contests after registration as such new party. Facility of Common Symbol to Certain Parties The run-up period to the general election to the House of the People held in the year 1998, witnessed splits in certain recognised National and State Political Parties. The break-away groups formed separate parties and approached the Commission for registration under section 29A. After their registration, the Commission, in pursuance of the above policy decision, did not grant them recognition, but granted the facility of contesting the general election with a common symbol. The factor that guided the Commission in granting such a facility was the fact that the above policy decision was being applied for the first time in the matter of splits, and that these break-away parties which had, amongst their ranks, sufficient number of Members of Parliamentary and Legislative Assemblies, as prescribed under paragraph 6 (2)(A) of the Symbols Order, as one of the criteria for recognition as a State Party in a particular State, would have been otherwise granted recognition but for the above change in the Commission's policy. It is not out of place to mention here that all those parties, except one, which were granted the facility of common symbol, went on to fulfil the conditions of paragraph 6 of the Symbols Order on the basis of their poll performance at the general election and were subsequently granted recognition in the States concerned.

The lone exception was in the case of a party which got

the above facility but did not contest the general election.

353

MAJOR EVENTS & NEW INITIATIVES

Dispute Resolutions Under the provisions of paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, the Commission has power to adjudicate in the case of split or dispute in a recognised political party. The first case of dispute arose as early as in 1964 in the Communist Party of India, when the Symbols Order was not in force. One of the earliest and perhaps the most important of the landmark judgements of the Commission in dispute cases after the promulgation of the Symbols Order, is the one delivered in the case of the first split in Indian National Congress in the year 1969. In that judgement, the Commission laid down the important principle of going by the majority in the organisational and legislature wings of the party to determine the issue as to which of the splinter groups should be treated as the original party. That principle was upheld by the Supreme Court, when the matter went to the apex court by way of appeal (Sadiq Alt Vs. Election Commission — AIR 1972 SC 187). Ever since then,

the Commission has been following this majority principle in the matter of disputes in parties. Organisational Elections of Political Parties One of notable achievements of the Commission in the recent years has been the enforcement of internal democracy in the recognised political parties. The Commission observed that many of the political parties were not conducting their organisational elections as prescribed in their respective constitutions. In most of the cases, office bearers and various committees were continuing on adhoc basis for years in the absence of regular elections. The Commission decided to enforce internal democracy in the political parties and directed all the recognised political parties to conduct elections at various levels in their organisational set up according to their party constitution. All the parties complied with the directions of the Commission

and completed their

organisational elections during the period 1996-98. Orders Passed in Cases of Dispute in Political Parties In the recent past, cases of dispute in Republican Party of India, United

POLITICAL PARTIES AND THE COMMISSION

Minorities' Front Assam, both recognised State Parties and Janata Dal, a National Party, were raised before the Commission. In the case of Republican Party of India, the dispute arose on an application filed by one of its leaders, Sh. R. S. Gavai, alleging a split in the party following which the party President was expelled and further, staking a claim that he enjoyed support of the majority of the members of the party. After hearing the two groups and examining the documents filed by them, the Commission held that Sh. R. S. Gavai had support of the majority in the Organisational and Legislature wings of the party and accordingly recognised Sh. Gavai as the party President. The case of United Minorities' Front Assam was also similar, with two rival groups emerging in the party, one under the party President Sh. Golam Osmani and the other under the Secretary General Sh. H.R.A. Choudhury, following some disputes within the party. Here again, the two groups were heard and on the basis of the evidence of support adduced, the Commission decided that the group led by Sh. H.R.A. Choudhury represented the party. The dispute in Janata Dal also saw formation of two separate groups under the leadership of Sh. H. D. Deve Gowda and Sh. Sharad Yadav. Sh. Deve Gowda moved an application claiming the right to use the name and symbol of the party. This matter was raised before the Commission on the eve of the general elections to the Lok Sabha and Legislative Assemblies of certain States held towards the end of 1999. Due to paucity of time to decide the matter on merits before the elections, the Commission passed an interim order, granting ad-hoc recognition to the two groups as National parties, pending a final decision to be taken after the general elections. Apart from the dispute cases, there was couple of cases of merger of political parties, one involving Indian National Congress, a National Party, and All India Rashtriya Janata Party, a State Party, and the other one involving Indian Congress (Socialist), a State Party and Nationalist Congress Party, an unrecognised party. The first case involving Indian National Congress and All India Rashtriya Janata Party was recognised by the Commission as there was no dispute of any substance on the merger. In the latter case, however, there was some opposition to the merger.

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MAJOR EVENTS & NEW INITIATIVES

After hearing all the parties concerned, Commission decided the issue as a case of merger of the recognised party, viz. Indian Congress (Socialist) into an unrecognised party, the Nationalist Congress Party. The benefit of recognition enjoyed by the Indian Congress (Socialist) before the merger, was allowed to the unrecognised party into which the recognised party had merged. The Commission, however, did not allow the1 Nationalist Congress Party to carry the symbol of Indian Congress (Socialist). The party was subsequently allotted the symbol 'Clock'.

CHAPTER XVI

INFORMATION TECHNOLOGY AND ELECTIONS

Introduction The Election Commission has been striving to bring improvements and transparency in all aspects of the election process particularly in electoral management and administration. To this end it has, in the last few years, introduced and effectively used information technology in a big way. The process was started in 1997 when the Commission drew up a three-phase Action Plan and took up its implementation. The three phases were : (1)

Introduction of computer usage amongst the officials in the Commission secretariat;

(2)

Establishing a Local Area Network (LAN) connecting the computers in the Commission; and

(3)

Setting up an internet website of the Commission. Computers were introduced in the Commission headquarters in 1997 itself

and training conducted for concerned officials. They were used for facilitating routine day to day tasks. The initial usage was for word-processing correspondence and compilation of statistics using data base systems. Consultation with Political Parties During the consultation with Political Parties held in the later half of 1997, a view was expressed that while the Commission had successfully re-engineered

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MAJOR EVENTS & NEW INITIATIVES

procedures and brought about greater transparency in the various stages of the electoral process, there was a need to do the same in respect of counting of votes. In a nation-wide poll, votes are counted at about 1500 counting centres which are located in some 900 odd cities and towns through the length and breadth of the country. The counting process is done under the control of the Returning Officers on the directions of the Commission, with concurrent monitoring by exception. Reports and statutory returns are received at the Commission over a few days' time. Dissemination of results is done locally at the Counting Centres and reported by media channels, both electronic and print media. General Elections to Lok Sabha, 1998 The Commission decided to set-up a system whereby the round-wise trends and results of counting for the General Elections to the Lok Sabha, 1998 held in February-March, 1998 were communicated to the Commission Headquarters at the end of each round direct from the Counting Centres. At the end of each round for each hall in the Counting Centre the tally of votes counted for the candidate securing the highest, second highest and third highest number of votes was sent by fax to Nirvachan Sadan and also to the Chief Electoral Officer concerned. Once the counting of the entire Assembly Segment was completed, a detailed break-up of votes counted for all candidates was also sent to Nirvachan Sadan and the CEO by fax. Finally, when the counting for the entire Parliamentary Constituency was completed the detailed result for all candidates was sent to Nirvachan Sadan and to the concerned CEO. In addition, on a half hourly interval throughout the period of counting, the aggregate votes counted in favour of the top three leading candidates in the Parliamentary Constituency, based on the rounds completed in one or more counting halls, were sent in a similar fashion. Local Area Networks were established in the offices of 15 CEOs out of 32 which represented the more populous States and Union Territories. These accounted for 500 of the 543 Parliamentary Constituencies. The faxes received from Counting Centres were entered in the computer and data prepared for transmission to Nirvachan Sadan.

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INFORMATION TECHNOLOGY AND ELECTIONS

States / UTs

Parliamentary Constituencies

1.

Andhra Pradesh

42

2.

Bihar

54

3.

Gujarat

26

4.

Haryana

10

5.

Karnataka

28

6.

Kerala

20

7.

Madhya Pradesh

40

8.

Maharashtra

48

9.

Orissa

21

10.

Punjab

13

11.

Rajasthan

25

12.

Tamil Nadu

39

13.

Uttar Pradesh

85

14.

West Bengal

42

15.

NCT of Delhi

7

Total

500

A dedicated private TCP/IP based Wide Area Network was established to connect the 15 CEOs with the Commission Headquarters. All 15 CEOs were connected using high speed 64 Kbps leased terrestrial lines obtained from the Department of Telecom to the Commission building where a Local Area Network had been established. Appropriate communication software was developed with the help of M/s CMC Ltd. whereby the counting trend data was automatically transmitted to the ECI LAN. A second level of connectivity between CEO offices and Nirvachan Sadan was provided to take care of breakdowns in links. 13 of the CEO offices were connected by asynchronous leased lines to the local nodes of ERNET, the V-SAT based Education and Training Network of the Department of Electronics. In the case of Lucknow and Patna, local nodes were not available, and hence special V-SAT equipment was installed at the offices of the concerned CEOs for

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MAJOR EVENTS & NEW INITIATIVES

transmission of data. A V-SAT dish was also established at Nirvachan Sadan for receiving the data. The communication software developed automatically sent one copy of the data through the ERNET V-SAT system. At Nirvachan Sadan, appropriate software was put in place to check the packets of data available and discard corrupted and duplicate packets. Correct data received from the CEO offices, irrespective of the channel through which the communication had taken place, was uploaded into an ORACLE data base. Another software automatically scanned this data base and on 5 minute intervals, picked up the new data from the data base and generated web pages which were loaded on the Commission's Internet Server. The Commission set up its own Internet Website with the URL www.eci.gov.in which was hosted on a DEC Alpha Server and located in its headquarters. The latest trends and results were disseminated through the site. In addition to this, the site also contained a large amount of textual material which was related with the conduct and management of elections. The Manual of Election Law, containing all the laws, rules and orders under which elections are conducted; Handbooks of Instructions for Candidates, Returning Officers, Presiding Officers and Polling Agents; Instructions issued from time to time; Directories of functionaries connected with elections; Key Statistics and various publications of the Commission were also placed on the site. The Commission's LAN was connected to the Internet through a firewall and a dedicated 2 Mbps radio modem link. At the Commission end, the faxes received from the Counting Centres were used for gap filling in respect of the 15 States / UTs connected on the Wide Area Network. For the remaining 43 Parliamentary Constituencies, the data entry was done at the Commission headquarters. State Elections, 1998 In November, 1998, when the elections were held for the four State Assemblies of Madhya Pradesh, Mizoram, Rajasthan and NCT of Delhi, the computer and communication arrangements were further strengthened and

INFORMATION TECHNOLOGY AND ELECTIONS

streamlined. The system of reporting of trends was made detailed in as much as the votes counted in favour of all candidates were reported for each round of counting. The reporting through faxes followed by data entry was substituted by data capture at the Counting Centres with computer based data transmission. For the purpose, computer systems were installed in all Counting Centres with modems and telephone lines and appropriate software modules. The data at the end of each round was fed into the Computer which thereafter transmitted it to Nirvachan Sadan and CEO concerned using a dia-up connection. To support a large number of telephone connections simultaneously, Remote Access Servers were installed at Nirvachan Sadan and CEO offices. In the case of Madhya Pradesh and Rajasthan, ordinary PSTN lines were used to affect the connections, while in the case of NCT of Delhi, ISDN lines were used. The Remote Access Server at Nirvachan Sadan had provision for connecting both ISDN and PSTN lines. Mizoram, where only two Counting Centres were involved, was required to transmit data only to the Commission using PSTN lines. The Wide Area Network between the CEO Offices and Nirvachan Sadan, of connectivity both through 64 Kbps leased lines and through ERNET was utilised. In spite of the fact that some of the areas of Rajasthan and Madhya Pradesh were very remote and the telephone infrastructure, which has developed over decades, used various kinds of technologies not all of which are suitable for carrying data, about 100 of the 120 Counting Centres were effectively able to transmit data. The other centres had to fall back on the more conventional method of communicating the trends and results using fax or voice connections. During this period, an e-mail server was installed at the Commission headquarters. Accounts were created for the Commission officials as also for the officials of State Election Offices. The major part of the reporting and pre-election data requirement for the management and administration of elections including lists of polling stations, candidates, etc., were sent from the States through e-mail or ftp using the Commission's Wide Area Network.

36J

362

MAJOR EVENTS & NEW INITIATIVES

The Website of the Commission was further enriched to include State specific sections giving the performance of parties in past elections as well as demographic and other election related statistics of the States. Also included in the reporting of the trends and results of counting was a Geographic Information System based presentation wherein the trends and results were used to automatically generate thematic maps indicating the party-wise leadings. The web pages were re-generated based on the availability of fresh roundwise results and posted on the Website. The data on trends and results was also used to automatically generate web pages in Hindi using the same database. Pages in Hindi were also posted on the website. General Elections to Lok Sabha, 1999 General Elections to the 13th Lok Sabha were held in August-SeptemberOctober, 1999. During this period, the computer and communication arrangements made for the State Elections 1998 were taken to scale and then some. The Wide Area Network was expanded to cover all 1400 Counting Centres. Remote access servers were installed in 13 State headquarters. An additional 64 Kbps leased line connection was established with Assam taking the total to 16. The remote access server installed there was used to relay the data from Counting Centres of four other States - Nagaland, Manipur, Meghalaya and Arunachal Pradesh. The remaining two North Eastern States - Mizoram and Tripura - were tagged with West Bengal. Thus 514 of the 543 Parliamentary Constituencies were covered through the leased line mechanism. The infrastructure at the Commission Headquarters was also enhanced with the addition of a second Remote Access Server with a capacity of 5E1-R2 lines equivalent of 150 PSTN lines, three Cluster Servers running Windows NT and hardware firewall. The web server was augmented by adding a DEC Alpha DS-20 system which functioned with the existing server on round robin basis. The emphasis on expanding the Commission's facilities was with a view to have a fail-safe system with no single point of failure. With this end in view, the physical

INFORMATION TECHNOLOGY AND ELECTIONS

layout of the LAN was also changed and a switch-based 10/100 Ethernet implemented with the facility to reconfigure on failure. Along with the General Elections to Lok Sabha, elections were held for the State Assemblies of Arunachal Pradesh, Andhra Pradesh, Maharashtra, Karnataka and Sikkim. While the Lok Sabha Election data had been handled by the automated system in early 1998 and again in the second half of the same year State Election data had been handled, this was for the first time that the two sets were handled simultaneously. Even for the Lok Sabha elections, for the first time were the results of the Parliamentary Constituency made available Assembly segment-wise. Thus the total data handled by the system was an order of magnitude increase over that handled during the 1998 elections to Lok Sabha. A system of newsflash was also introduced. The testing of the system was done during the elections to Goa State Assembly in June, 1990. With the experience gained the final system was integrated during the Lok Sabha Elections. The latest trends and results which were obtained using hotlines by the Territorial Secretaries even while the counting was continuing as part of their normal monitoring activities, were incorporated in newsflashes and disseminated. As results became available, the earlier newsflashes were replaced with detailed* results. Dynamic generation of thematic maps, detailed result web pages in English and Hindi and the other features mentioned above were continued. Computerisation of Electoral Rolls The Commission also took up a massive programme for Computerisation of Rolls all over the country. The programme has been covered in detail in another chapter. Under the programme, small Local Area Networks are to be established at the District Election Offices for the operation and maintenance of the rolls. At the last count, computer infrastructure has been established in some 400 odd districts. Electoral Photo Identity Cards Programme Although initiated prior to the Computerisations of Rolls Programme, the programme for issue of Electoral Photo Identity Cards (EPIC) had potential

363

MAJOR EVENTS & NEW INITIATIVES

synergy with the Computerisation of Rolls Programme. The EPIC programme was revamped and comprehensive guidelines and standards enunciated. The programme was relaunched in 2000 and has been making excellent progress in many States. The district level computer infrastructure has been expanded to include a laminating machine and a digital camera. Website The Website of Election Commission of India was launched on 28th February , 1988, just two days prior to start of counting for General Elections to 12th Lok Sabha. This was done as a part of the comprehensive plan for intensive and extensive use of Information Technology in Electoral Management and Administration initiated by the Commission in 1997. The Website is a Comprehensive Resource Centre for Indian elections. The Website of the Election Commission of India reflects the Commission's broad vision of moving into the Internet way of computing for all activities connected with elections and major electoral events. To that extent, the Website is an integral part of the overall management strategy of the Commission. The Website can be accessed from the following addresses : www.eci.gov.in www.election-india.com www.india-election.com Architecture The architecture of the Website consists of three main components. One part covers Basic Information about the Electoral System of India, the Election Commission, Frequently Asked Questions (FAQs), Press Releases and Key Statistics. Press Releases issued by the Commission are placed on the Website during the duration of the Press Conference and are thus available to the media, state election authorities and general public by the time the Press Conference is over. Statistical Reports for Lok Sabha Elections of 1991, 1996, 1998 and 1999 and at least one, the latest, for each Assembly Election are available on the Website.

INFORMATION TECHNOLOGY AND ELECTIONS

The second part covers the entire range of Electoral Laws, Manuals, handbooks, Instructions and Directories. Most of these are textual matters and currently cover more than 10,000 pages of printed materials and include almost all the publications of the Commission in print. The third part contains comprehensive data on any current election event starting with the General Election for 1998. These include data on Electors, Polling Stations, Parties, Schedules, Candidates, and finally Counting Trends and Results. The last part covering the progress of counting and declaration of results is dynamically updated. Data for every round for every Assembly Segment in a Parliamentary Constituency for elections to the Lok Sabha and for every Assembly Constituency for elections to State Legislative Assemblies are instantaneously placed on the Website. The database, centrally maintained in the Commission Secretariat, is instantly updated through an automated process. Data from Counting Centres are fed to computer terminals and through Commission's Communication Network is received at its Secretariat. The computer database is updated and dynamically generated new web pages reflecting the latest position is generated and placed on the Website. A variety of views are included. National Poll Update, Party-wise position of Leadings, Results, State Summaries with similar analysis and Constituency Level Details indicating cumulative position of votes received by each candidate after different rounds as the counting progresses are available. During the national parliament elections, more than a thousand pages are refreshed with latest data every five minutes or so. Maps including the party position for each state are also dynamically updated and placed on the Website since November, 1998 state assembly elections. A unique feature is availability of the dynamic component of the data for electoral events in Hindi, also since that event. Since June, 1999, when election for Goa Assembly was held newsflash has been added. The last mentioned gives a quick view of the leads and results in a summary form.

365

MAJOR EVENTS & NEW INITIATIVES

366

User Interface A highly intuitive user interface has been provided. A standard procedure of moving from Summary views to various levels of details is adopted following the drill down approach. Further, horizontal and vertical navigation at various levels are provided for instant movement amongst the variety of data views available on the site.

Infrastructure & Technology The entire infrastructure for the Website is located inside Nirvachan Sadan, housing the Secretariat of the Election Commission of India. A number of Windows NT Servers and Nodes are available in the Commission along with two DEC-Alpha Web Server for hosting the Website. State-of-the-art software tools and technologies are used. While the main data base engine is Oracle, most applications have been developed using Visual Basic and Java script. The Website is managed with Netscape Enterprise Server. The Web Servers are connected to the VSNK, the Internet Service Provider through a 2 MBPS radio modem link.

System for Counting Trends and Results At the time of holding Elections, computer and communications facilities are set-up at all Counting Centres, for transmitting the round-wise counting trends and results. This system was set up for the first time in November, 1998 for the elections to the State Assemblies of Rajasthan, Madhya Pradesh, Mizoram and NCT of Delhi, and about 108 of the 120 Counting Centres had been connected. Later in October, 1999, for the General Elections to the Lok Sabha, the system was extended throughout the country. About 1400 Counting Centres involved were connected. In some cases, where the local telephone exchanges are unable to support data transmission or where the eventual connectivity with New Delhi is established through Satellite or over UHF channels, the transmission was achieved through linked Counting Centres. Dial up connections over telephone lines were used in conjunction with hardware Remote Access Servers (RAS) established at the Commission headquarters and at 16 CEO offices. At the remaining 16 States / UT headquarters, connectivity from Counting Centres was achieved using RAS software running on NT Servers.

-

INFORMATION TECHNOLOGY AND ELECTIONS

Round-wise counting trends and results were transmitted direcdy from the Counting Centres to the Commission headquarters and to the CEO offices. Where leased lines or ERNET connections are installed, this data is automatically relayed to the Commission headquarters. It may be stated that with about 1500 computers temporarily connected together in the form of a Wide Area Network for the duration of counting, the computer network of the Commission is one of the largest dedicated data networks in the country and comparable with the largest data networks in the world.

Usage The Website of the Commission forms an important resource not only for external users, academicians, political parties and candidates, but also for internal users, Commission's own officers as also State and District level election officers. It serves as a repository for laws, precedents, instructions, manuals and contact information.

Consultants The site has been developed and is being maintained by CMC Ltd. For the Indian language components, support and consultancy is being provided by CDAC, Pune. Dynamic Map support is by ESRI India Ltd.

Computer Culture and Human Resource Development The introduction of IT in a big way with state-of-the-art systems and techniques has brought about a sea change in the day to day functioning both in the Commission and in the field offices. At the Commission headquarters, Officers and Staff have been imparted extensive training in the use of Computers. Two major drives were undertaken. In the first instance, about 80 persons were trained with the help of various IT organisations. At the same time, emphasis was laid on the in-house development of skills and capacity. In the second stage, about 150 persons were trained in-house by the officials of the Information Systems Division. Additional trainings have been imparted from time to time to cover residual staff and new recruits. With

367

MAJOR EVENTS & NEW INITIATIVES

these trainings, all officials and clerical staff of the Commission have been imparted a basic training in the use of Computers. The Commission is perhaps the first non-IT organisation to have every one of its employees, officials and clerical cadres, trained in the use of Computers. The Commission has thus moved towards the Internet way of Computing. Similarly, the State and district level officials have undergone basic training conducted by the SLAs and other IT organisations. In addition, Trainers have been identified in two rounds from the SLAs and CEOs offices. These trainers have been imparted a Trainers' Training at the Commission headquarters in the use of GENESYS application software, the software developed for the transmission and reporting of counting trends and results. The trainers in turn have trained a core set of persons in each district. Most significant in impact has been the spread of computer culture in all district election offices, even in the remotest parts of the country. As a consequence of the Computerisation of Rolls programme and the counting transmission system, awareness and familiarity of usage has percolated to district level officials and staff. Indeed, a technology osmosis has in effect taken place. Future Directions The Commission has launched an Intranet Site for use by the field level functionaries as well as its own officials. Circulars and instructions relating to the Computerisation of Rolls and EPIC programmes and Standards prescribed for various computer-related infrastructure are being posted on the site. The site is being expanded and will serve as a central resource as well as a central repository of all items related to the management and administration in the election sector. To facilitate the communication between the CEOs and officials of the Commission, voice switches with up to two telephone handsets have been installed at all CEO offices where leased line connectivity has been established. At the Commission's end, the voice switch terminates of the EPABX of the Commission. Using Voice over IP (VoIP) protocol on the WAN, the telephone handsets in the CEOs offices have become logical extensions of the PABX network of the Commission enabling officials of the Commission to dial and speak to the CEOs

INFORMATION TECHNOLOGY AND ELECTIONS

as if they were in the same physical location. The system has been started on an experimental basis and is in the process of stablising. The Commission has been utilising state-of-the-art cutting-edge technologies in providing the best and most efficient information technology infrastructure to improve the efficiency and effectiveness in its area of operation.

CHAPTER XVII

OTHER INITIATIVES

Electors' Photo Identity Card (EPIC) Programme The scheme of Electors Photo Identity Cards (EPIC), was started in August, 1993 with a view to preventing impersonation of electors and facilitating their identification at the time of poll and to eliminate bogus and fictitious entries from the electoral roll. The scheme was conceived as a project with a time-frame for completion. For various reasons, coverage of electors with EPIC did not meet the desired targets. The present Commission took up a detailed review of various issues involved, in the CEO's Conference held in January, 1997, with the intention of analyzing the deficiencies in the scheme of EPIC, streamlining them and integrating EPIC with the Computerisation of Electoral Rolls. This comprehensive review covered the historical background, the progress achieved and a system view containing suggestions for improvement of the scheme. An 'Elector' has been defined in the law, as a person whose name figures in the electoral roll and an EPIC can only be issued to a person who is part of an electoral roll. It was, therefore, imperative that an integrated view was taken of the management of electoral rolls and the scheme of EPIC. Any corrective steps initiated had to cover both, in a cohesive manner. In the second half of 1997, while taking up the summary revision of electoral rolls with 1st January, 1998 as the qualifying date, the Commission decided to computerise the electoral rolls taking into account the experience and lessons

MAJOR EVENTS & NEW INITIATIVES

learnt in the implementation of the EPIC scheme. Right from the beginning, the scheme of Computerisation of Rolls was planned in a systematic manner with a thorough professional approach. This meant thinking through the entire scheme, covering conceptual, legal, procedural, and operational frameworks. The two dimensions of technology and programme management were considered equally important for a successful implementation strategy. The strategies adopted and the key features for the success of the programme of Computerisation of Rolls have already been covered in an earlier chapter. The Computerisation of Electoral Rolls Programme created the basic ground conditions in which integration of EPIC with the electoral rolls became possible. The entry of EPIC number against the name of the elector in the rolls is a fundamental element that enables an assessment of the task achieved so far and the residual work required to be done for achieving higher coverage of electors with EPICs. The Computerisation Programme has also provided essential computer infrastructure at the District level in many districts and at State level for better electoral management at every stage. The staff has been trained and experienced to handle critical issue in a "campaign" mode with a co-ordinated response during the 1999 Special Revision. Computerisation of Rolls Programme has provided a database of electors that is substantially defect free and accurate and this can be considered the foundation for launching a programme for EPIC in a systematic and co-ordinated manner. The Commission comprehensively reviewed the two schemes of EPIC and Computerisation of Rolls in July, 1998 and decided to streamline the EPIC scheme. It was decided that as the electoral roll itself is a dynamic entity and the electors under the existing law will continue to be added, deleted an information in their respect modified continuously, the EPIC scheme should be viewed as an on-going programme rather than a close ended project. It was also decided that the programme could be implemented in two phases. In the first phase, an initial campaign would take place for covering all electors already included in the roll by EPIC. In the second phase, the residual electors of the roll and subsequent changes on account of continuous revision as well as changes due to subsequent summary revisions would be covered through annual campaigns.

OTHER INITIATIVES

The Commission also decided to keep the Parliamentary Constituency as a unit for the purpose of identifying the relevant electoral roll. The decision broadly covered other aspects of the programme including defining the deliverables for Phase-I of the programme, requirements of operation and maintenance, system of identification, effective system of roll management, unique ID card number and infrastructure requirements for EPIC. The Commission had intended to prepare the detailed action plan on the pattern of computerisation of electoral rolls. The efforts of the Commission in this direction were delayed, as the last two and half years have been a period of hectic election events, with two General Elections for the Parliament and elections to State Assemblies in three tranches. During this period, Summary Revisions and Special Revisions have also taken place with qualifying dates as 1.1.1998 and 1.1.1999, followed by another Summary Revision with 1.1.2000 as the qualifying date. The Commission took a historic decision in February, 2000 for the elections to the Legislative Assembly in Haryana, by insisting upon the use of EPICs for identification of the voters. In case of voters who had not been issued EPICs or could not produce them for valid reasons, the Commission, in its order, prescribed other means of identification which could be produced by the electors at the time of voting. The use of EPICs was widely welcomed and data received from CEO, Haryana indicates that nearly 80 per cent of the voters produced EPICs at the time of voting. The Commission, encouraged by the success of the model in Haryana, insisted upon the production of EPIC or other means of identification in the bye-elections held for two Lok Sabha constituencies and six Assembly constituencies in May/June, 2000. Based on the experience of the implementation of the Computerisation of Rolls Programme and drawing from the lessons of the EPIC scheme as implemented earlier and encouraged by the response of voters in producing identity cards in Haryana and in the bye-elections, the Commission modified and revised the guidelines for EPIC in May, 2000 to cover the residual electors not issued EPIC. Major modifications have been done in terms of technical specifications and implementation strategy which envisage full and complete integration of EPIC with the Programme of Computerisation of Electoral Rolls. The key factors which

373

MA]OR EVENTS & NEW INITIATIVES

led to the success of the latter programme have been analysed and are sought to be incorporated in the EPIC programme as well. One key decision taken by the Commission is to treat the Identity Card as a permanent document valid for the lifetime of an elector. Consequently, the elector will not only have the physical card as a permanent identity document for his lifetime, but he will also carry the same unique card number. It automatically follows that the EPIC number given to each elector has to be unique, not merely at the time of issue but for all time. In other words, when an elector shifts from one polling station to another within or outside a constituency, he carries with him the same card and also his unique number; the necessary changes in the EPIC are to be carried out with the help of stickers which incorporate the changes in particulars relating to place of residence, name of constituency etc. The Commission has also prescribed a mix of on-line and off-line modes for issue of EPICs, with on-line being the preferred mode. On-line method will be used at locations where there are larger concentrations of residual electors, typically urban areas or large villages. The elector will be photographed and using the Electoral Roll data already available in computerised form, the EPIC will be prepared and handed over then and there. In this approach, the computer infrastructure, photographic equipment and laminating machine will be located at the designated centre. More importantly, the standard software for producing the cards, and the relevant data from the Electoral Roll/EPIC database will be provided to the agency taking up field operations. In other areas, typically rural or remote areas, where residual electors are fewer and dispersed geographically, a schedule will be worked out by the District Election Officer according to which photography teams will visit villages / groups of habitations for taking photographs. The photographs will be processed at link centres, where card production facilities have been established, and distributed within a day or two. In this off-line approach, only a digital camera would need to be carried by the team. The computer equipment and laminating machines would be installed at the link centres which could cater to multiple photography teams. The Commission has laid down that the computer infrastructure already available for the Computerisation of Rolls programme at District headquarters will be used for the EPIC programme and augmented, where necessary, for

OTHER INITIATIVES

375

providing EPIC throughout the year, at least from the district level facilities. The revised guidelines of the Commission have also decentralized the core operations for the preparation and issue of EPIC to the district level. The Commission, in its endeavour to progressively use Identity Cards in future elections, has decided to increase the coverage under EPIC to at least 85 per cent of the electorate and, towards this end, it has instructed the Chief Electoral Officers to start targeted campaigns in the states. The Commission has accorded highest priority to increase the coverage of electors with EPIC in Tamil Nadu, West Bengal, Kerala and Pondicherry, where elections to the Legislative Assemblies are due in early 2001. In this regard it is gratifying to note the order of the Supreme Court on th

17 August, 2000, disposing of petitions pending before it challenging the validity of Commission's decision on introduction and use of EPIC. Earlier, the Supreme Court in Writ Petition (Civil) No. 2 of 1995, Ram Deo Bhandari <& Others vs. Election Commission of India <& Others along with 8 other cases had observed that electors cannot be denied the right to vote for not having a photo identity card. The Court was informed by the Commission that in the elections to the Legislative Assembly in Haryana, the Commission had enforced its directives on production of photo identity cards without any difficulty and where the states have not been able to complete the exercise of issuing EPIC, the Commission has given voters concerned an alternative list of documents any of which may be produced by the electors concerned for their identification. After noting the progress achieved in preparation and issue of EPIC in different States / UTs, the cooperation received from the States / UTs and the absence of objection from any quarter, the Court disposed of all matters on the issue as having become infructuous. This welcome decision of the apex court will pave the way for a speedy implementation of the EPIC programme. The motto of the Commission for the voter in this century epitomises the goals set : A photo identity card in hand and an electronic voting machine in the booth. Accordingly, the Commission has accorded top-most priority to complete the EPIC programme at the earliest and bring it to the maintenance phase, where only a few residual electors who are added to the voter list after a revision exercise or those who have shifted are to be issued with EPIC.

376

MAJOR EVENTS & NEW INITIATIVES

Election Observers During the last decade or so, elections have become more and more contentious as many political formations or their conglomerations now strive for success at the hustings with the hope of securing power. Therefore, a greater need is now being felt for keeping close watch on the election campaigns of political parties and candidates, and also on the conduct of election machinery in the field. Accordingly, the Election Commission appoints a large number of Observers, who are senior civil servants, to ensure that the election campaigns are conducted fairly, that people are free to vote as they choose, and the election machinery behaves in an impartial manner. Observers are now appointed under the powers conferred on the Commission by section 20B of the Representation of the People Act, 1951. Prior to August, 1996, when the said section 20B was not on the statute book, they were appointed by the Commission under the plenary powers available to it under Article 324 of the Constitution of India. They are appointees of the Commission, working under the superintendence, control and discipline of the Commission from the time of their appointment until they are released after the process of election is complete. The Representation of the People Act, 1951 was amended in August, 1996 and a new section 20B was added to the Act. This provides statutory powers to the Observers to watch the conduct of elections, and particularly counting of votes. Section 20B reads as follows :"(1)

The Election Commission may nominate an Observer who shall be an

officer of Government to watch the conduct of elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission. (2)

The Observer nominated under sub-section (1) shall have the power to

direct the Returning Officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of result or not to declare the result if, in the opinion of the Observer, booth capturing has taken place at a large number of polling stations

OTHER INITIATIVES

or at places fixed for the counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained. (3)

Where an Observer has directed the Returning Officer under this section

to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Election Commission and thereupon the Election Commission shall, after taking all material circumstances into account, issue appropriate directions under Section 58A or Section 64A or Section 66". Two types of observers are appointed :(a)

General Observers

(b)

Expenditure Observers The General Observers oversee that the elections are conducted according

to the law and the directions of the Election Commission and in a free and fair manner. The Expenditure Observes are appointed for closely watching, analyzing and reporting the instances of misuse of money power by candidates and political parties for manipulating the will of the electors. The nomenclature used to identify the Observers as "General Observers" and "Election Expenditure Observers" is only for easy identification of major functions of the two groups of Observers; there is no distinction between them so far as law is concerned and both are "Observers". Both types of the Observers perform duties as assigned by the Commission and may be required to focus on certain aspects of the election related events and activities. For a Parliamentary Constituency, normally, two General Observers and one Expenditure Observer are appointed. In sensitive constituencies, additional observers are deputed to monitor the conduct of elections. To focus on the counting process, additional Counting Observes are appointed to cover all Counting Centres in the country as the number of Counting Centres is much larger than the number

377

MAJOR EVENTS & NEW INITIATIVES

378

of Parliamentary Constituencies. The table below provides the details of the deployment of Observers in General Elections and State Elections since 1996. Deployment of Obervers for Elections held since 1996

SI. No.

Elections

General Expendi- Additional Total ture Observers Observers Observers Observers

1.

General Elections 1996

1099

514

54

1667

2.

General Elections 1998

1073

547

67

1687

3.

General Elections 1999

1086

543

350

1979

4.

State Elections for Rajasthan, M.P., Delhi and Mizoram, 1998

80

78

5.

State Elections for Bihar, Haryana, Manipur and Orissa, 2000

174

87

158

72

333

As soon as the election schedule is finalised, the Commission writes to the Department of Personnel & Training of the Government of India and the Union Ministry of Finance for forwarding the particulars of officers for appointment as Observers. The General Observers are appointed from amongst IAS officers, normally not below the rank of Directors to the Government of India. However, in case adequate number of officers of this rank are not available, the officers of the rank of Deputy Secretary are also appointed. In the case of Expenditure Observers also, the officers are not below the rank of Directors to the Government of India and are drawn from the cadres of Central Board of Direct Taxes and Central Board of Excise and Customs. The Commission has conceived and developed a comprehensive management plan for deployment of Observers for General Elections and State Elections. This includes building an exhaustive data base of officers, use of

OTHER INITIATIVES

computer software for deployment, streamlining the briefing of officers deployed, and monitoring of deliverables from the field. Based on the personal history sheet provided by the Observers, a complete data base of all Observers deployed since General Elections 1998 has been prepared. Apart from service particulars, the data base also includes the details of the home state of the officer and his/her spouse, names of constituencies where deployed previously, health status, and particulars of any ailments that require attention. Based on the information provided, deployment to constituencies is done using sophisticated software developed by the Commission. Certain standard checks are used to prevent deployment of an Observer to his/her home state or the home state of spouse or to his/her own state cadre. An Observer is also not deployed to a constituency where he has performed duty in any previous election. An abstract of the personal history of the Observers is made available to the Chief Electoral Officers to establish contact with their families in case of any personal emergency. A detailed briefing of Observers is organized by the Commission in Delhi and it is compulsory for all Observers. To facilitate deployment and monitoring, every Observer is allotted a unique code number, which he is required to quote in all correspondence with the Commission. The Observer is required to complete and update his personal history sheet and return the same at time of registration of Briefing Meeting. At the Registration Counter, the Observer is handed over a formal letter of appointment indicating therein the constituency or group of constituencies for which he has been appointed. The Observers in Reserve List are not issued with the formal appointment letter. The Observer is provided with a kit and other materials required for performance of his duties. Immediately after the Briefing Meeting, the Observers make their travel plans to visit the constituencies allocated to them. The Observers on the Reserve List remain in their Headquarters. To facilitate and help the Observers to reach their constituencies, the Resident Commissioners of States in Delhi open Special Facilitation Counters in State Guest Houses and Bhawans or in their own offices to impart information about the route, mode of transport from various points (Road, Rail and Air) to each of the constituencies in the State.

379

38Q

MAJOR EVENTS & NEW INITIATIVES

Based on the past experience, the Commission has issued elaborate guidelines in 1998 for Observers detailing their duties, schedules for visit to the constituencies, inputs and deliverables which are required to be forwarded to the Commission. The formats for furnishing information by Observers are also prescribed by the Commission. Normally, the Observers for elections to Lok Sabha and State Legislative Assemblies are required to pay three visits to the Constituency, covering the period from scrutiny of nominations, to the declaration of result. The Observers remain in the constituency for a period of 10-12 days. For their last visit, they generally reach their constituencies two days before the date of poll and remain there till the declaration of results. They take a close look at the formation of polling parties, arrangements at the polling stations, deployment of magistrates and police forces, the observance of the statutory stoppage of campaign 48 hours before the close of the poll, state of readiness and preparedness of the election machinery with regard to copies of electoral rolls to be used for poll, ballot boxes, ballot material, etc. During their visit to the constituencies, the Observers are required to remain in touch with the concerned Secretary in the Election Commission and keep the Commission posted of major events and incidents in the constituency. On the day of poll, the Observers check the commencement of poll in the polling stations in the constituency, as scheduled. They also keep a watch to ensure that all prescribed procedures about the identifications of voters, use of indelible ink, sealing of statutory and non-statutory papers into separate packets, preparation of ballot paper account, etc., have been duly followed by the polling personnel. As mentioned earlier, the Observers have a crucial role at the time of counting of votes and, keeping the sensitivity of the counting process, additional Observers are deployed to cover every Counting Centre. Under section 20B of the Representation of the People Act, 1951, the Observers have the power to stop the declaration of result if, in their opinion, booth capturing has taken place at a large number of polling stations or at the counting place or the ballot papers are unlawfully taken out of the custody of the Returning Officer or are accidentally

OTHER INITIATIVES

or intentionally destroyed or lost or damaged or tampered with. The election proceedings in such cases shall proceed further in accordance with such directions of the Commission as it may issue on the reports of the Observers and after taking all material circumstances into account. The Observers supervise the round-wise progress of counting of votes and keep the Commission informed. In case the margin of votes between the two leading candidates is less than 1%, the Returning Officer is required to take the prior permission of the Commission to declare the result. Such permission is granted by the Commission on a report from the Observer that the counting of votes has been satisfactory. After the election is over with the declaration of result, the Observers return to their respective Headquarters and submit their final report to the Commission. No formal letter of relieving the Observer from duty is now issued by the Commission. Once the election is complete, the Observers automatically stand relieved. During General Elections 1999, the Commission was called upon to constitute the Lok Sabha and some State assemblies at a very short notice after the declaration of results. The counting of votes was taken up on 6th October, 1999 and Lok Sabha was to be constituted by 10th October. Therefore, the Commission identified the Delhi-Centric Observer (DCO) i.e. an Officer who was either based in Delhi or would transit through Delhi for return to Headquarters, in each of the 543 Parliamentary Constituencies. These officers were asked to collect the Form 20, Form 21C and Form 21E from the Returning Officer duly signed and personally deliver in the Commission's Secretariat by 9th October, 1999 at the latest. Elaborate round-the-clock arrangements were made to receive the deliverables from the officers returning to Delhi for this purpose. As a result of these arrangements, the Commission was able to issue the notification duly constituting the new Lok Sabha on 10th October, 1999. In the case of elections to Rajya Sabha and State Legislative Councils by members of the Legislative Assemblies, the place of poll is generally located in the premises of the State Legislature Secretariat. The Secretary of the State Legislature or some other senior officer of the said Secretariat is appointed as the Returning Officer. Polling and counting of votes take place on the same day. The

381

382

MAJOR EVENTS & NEW INITIATIVES

Observers are required to make one visit. They reach the State Capital one clear day before the date of poll and counting of votes. After the counting is over and result declared, they return to Headquarters. For Local Authorities, Graduates and Teachers constituencies, the Observers are deployed four days before the date of polling. As these constituencies are spread over more than one district, a number of polling stations are set up and polling takes place for minimum of 8 hours. Keeping this in view, Observers are required to be present in advance to monitor the arrangements. The counting of votes normally takes place on the second day after the date of poll. They return to the Headquarters after the results are declared.

OTHER INITIATIVES

Counting Procedure and Arrangements In any electoral process, the final step is counting of votes and declaration of results. In the Indian context, with fairly large constituencies with almost 1.2 million voters for a Lok Sabha Constituency and more than 1,00,000 voters in most Assembly Constituencies, the counting itself is a huge task involving massive mobilization of human and other resources. With an average voting above 60 per cent in recent national elections, the complexity of the task cannot be over-stated. Since this ultimately ends in the declaration of the winners in the electoral contests, the entire nation's interest is focussed on the counting process. Considering the counting process as an integral part of the electoral process, the present Commission has focussed its attention on improving the management of this activity as well as making it free and fair. Several improvements in this regard have been effected through major innovations and initiatives during the last 4 years, which saw not only three Parliamentary Elections but also a complete cycle of States elections. The counting procedure itself has had a somewhat chequered history. In the initial stages, with the first General Elections in 1952, counting of votes was done Polling Station wise. This procedure was modified in 1971 by introducing provisions for mixing of the ballot papers before counting. Consequent to a meeting with the recognised National and State Parties in 1971, the procedure was modified by reverting back to the system of counting of votes Polling Station-wise in 197980. However, the pendulum again swung back in favour of mixing in 1991. Mixing of votes of the Assembly Constituencies was thus re-introduced in 1991. This was initially tried in the elections in Assam and Punjab in 1991-92 and throughout the country from 1993 onwards. In the detailed instructions given by the Commission in this regard, in 1994, it was stipulated that there shall be two mixing of the ballot papers. Accordingly, after initial checking of the ballot papers, with the accounts from the individual polling stations, these were to be grouped into bundles of 25 each and a mixing of the bundles of the ballot papers was to be done for each Assembly Constituency. Thereafter, the ballot papers of 40 bundles were again mixed at each counting table, before the actual counting was to be taken up to segregtate votes polled in favour of individual candidates. In this version

3g3

384

MAJOR EVENTS & NEW INITIATIVES

of mixing, considerable amount of time was exhausted in the initial stages of counting covering two rounds of the mixing. Since counting, once started was normally to be completed without a break, this led to considerable difficulties in the actual operation, resulting in strain on the counting personnel as well as the representatives of the candidates — counting agents. There was also considerable anxiety among the public and the political spectrum, eager to know the outcome of counting and results. In some cases, the counting procedure itself took several days. It took almost 3 days before most of results in the Parliamentary elections could be declared. The Commission reviewed the entire arrangements in detail before the 1996 General Elections. After taking into account the field problems and practical difficulties, and in order to complete the counting activity within a reasonable time without sacrificing the basic principles of mixing, it decided to do away with two stages of mixing and retain only one type of mixing. Accordingly, the Commission issued detailed instructions in this regard in 1996. According to this revised procedure, after reconciliation of the ballot paper accounts, the ballot papers were to be grouped into bundles of 25 and a residual bundle. Only the bundles were to be mixed and no further mixing of ballot papers was required. This resulted in considerable speeding up of the counting process. In 1996, the Commission also came up with a comprehensive media policy and relaxed the existing arrangements regarding dissemination of counting trends before the final declaration of results. According to these arrangements, after every round of counting the position in terms of vote share of each candidate for the Constituency in the Assembly Segment or Constituency for which votes were being counted were to be announced inside the hall and also separately through some centralised arrangement in each Counting Centre. Thus a very important modification was made towards making the entire counting process more transparent as also meeting the information requirement of the parties, candidates, media and the public at large. An important development which tool place after General Elections inl996 was the amendment of the RP Act by which the Observers were given a statutory position. One of the important roles envisaged by the Parliament for the Observers

OTHER INITIATIVES

was with reference to counting. The Observers, as per the RP Act, were empowered to suspend counting and postpone the declaration of results in certain circumstances. Taking the new provision of law into account, the Commission considered it necessary to utilize the presence of Observers in the field not only to oversee the free and fair conduct of elections in general but also specifically in ensuring that the counting was completed in a free and fair manner. The matter was further discussed by the Commission with the political parties in December, 1997. There was divergence of views about the continuance of mixing system. Quite a few parties felt that the main apprehension of postpoll violence following the disclosure of polling station wise vote share of political parties and candidates was unfounded. On the other hand, they felt that polling station wise counting could not only speed up the procedure but would reduce the scope of any manipulation on account of the polling staff and the counting agents becoming tired due to the lengthy process. However, eventually, for the 1998 General Elections for the Parliament, the system of single mixing was continued. But in 1998, the Commission took one more step towards the wide and prompt dissemination of the counting trends and results. Taking into account the new provision of the law and the roles envisaged for the Observers in the matter of counting, the Commission made elaborate arrangements for supervision of the counting process by the Observers. Accordingly, arrangements were made to have Observers assigned to all Counting Centres either singly or in groups. More importantly, the Commission, for the first time, decided to monitor the progress of counting by utilizing the presence of the Observers in the Counting Centres. Accordingly, a comprehensive system for flow of round-wise details of counting data from the Counting Centres was put in place. The Observers were required to send to the Commission the details of every round of counting by obtaining the data from the concerned Returning Officer or Assistant Returning Officer and countersigning the same. Simultaneously, the Commission also took another historic decision to place round-wise counting data on its website during 1998 General Elections.

385

MA|OR EVENTS & NEW INITIATIVES

For the first time, a comprehensive Information Management Plan was developed by the Commission to this end and data was collected for each round of counting from the Counting Centres and placed on the website of the Commission. Thus, not only the candidates and their agents as well as political parties were able to access the counting trends and results in different constituencies across the country, but this was also available to the public at large within a short time of the actual completion of a round of counting in any Counting Centre. Through this, the Commission further improved its existing arrangements for bringing out transparency into the counting arrangements and also monitoring the entire counting operations directly through its Observers. The detailed technical arrangements for this have already been explained in the section on Information Technology and Elections. The above arrangements were progressively improved in subsequent electoral events. In the State Elections held in November, 1998, for the first time, more than as hundred Counting Centres were directly linked with computer and communication link to the IT set-up in the Commission's Secretariat. This led to quick flow of information and its instant dissemination to the entire world. The final phase of this was implemented in 1999 General Elections, when almost all the 1400 Counting Centres and the State headquarters were directly linked with computers and communication links and counting trends and results were disseminated almost in real time through the Website of the Commission. This is the largest, most comprehensive, sophisticated and state-of-the-art arrangement of its kind in the world. Apart from handling huge volumes of data, this system also successfully used several cutting edge technologies. In State Assembly Elections in November, 1998, the Commission, for the first time, introduced Electronic Voting Machines. In the process, the counting for such constituencies that used EVMs was done Polling Station-wise. While the counting with the EVMs was much faster, the Commission also got an idea of the impact of the Polling Station-wise counting. Contrary to apprehensions expressed by certain quarters, there was no adverse impact of the same. The question of counting booth-wise in the traditional paper ballot method was again discussed in a meeting with National Parties in July, 1999 on the eve of

OTHER INITIATIVES

Elections to the 13th Lok Sabha. Again there was no consensus among the political parties but most advocated that the results of counting booth-wise in the large number of Constituencies slated to use EVMs could be considered for further review of the policy. In fact, in 1999 General Elections, the EVMs were used extensively and covered 45 Parliamentary Constituencies, several of these having simultaneous elections to the Lok Sabha and the State Legislative Assemblies. In none of the Constituencies, was there any problem on account of booth-wise counting and the much apprehended post-poll victimizaiton or violence actually did not take place. Based on the experience of the Elections to the 13th Lok Sabha and the extensive booth-wise counting in 45 Parliamentary Constituencies voting with EVMs, the Commission revised its general policy regarding counting. In the elections for four State Assemblies of Bihar, Haryana, Manipur and Orissa and bye-elections held in February, 2000, the Commission decided to go for boothwise counting not only in Constituencies using EVMs but also the Constituencies where traditional method of voting with ballot paper and ballot boxes was to be followed. Accordingly, the Commission ordered booth-wise counting in these elections. The experiment has been found to be very encouraging and no major problems have been encountered in implementing this new policy. The Commission is aware that under the existing legal framework, it has the discretion to order mixing of ballot papers for counting in specific Constituencies, if so required. However, after the successful use of booth-wise counting in a large number of states with highly contentious elections, and its wide acceptance by the political spectrum and the public, the Commission expects that this practice will be followed in the coming elections.

3g7

MAJOR EVENTS & NEW INITIATIVES

388

Training in Electoral Management and Administration Training is an important component of any organization. The Commission has reviewed the past experience and decided to streamline the Training in Electoral Management and Administration. A concept paper on the scheme of training in 'Electoral Management and Administration' was prepared and sent to the heads of some key training institutions, the training division in Department of Personnel and Training as well as some of the CEOs in July, 1997. A meeting was held in the Commission's Secretariat on 29.8.1997 with the representatives of the Lai Bahdur Shastri National Academy of Administration, Mussoorie;

Gopalbandhu

Academy

of

Administration,

Bhubaneswar;

Administrative Training Institute, Mysore; M. G. State Institute of Public Administration, Chandigarh; Uttar Pradesh Academy of Administration, Nainital; Yashwantrao Chavan Academy of Development Administration, Pune; DOPT, Govt. of India and CEOs of Karnataka, Orissa, Bihar, Gujarat, Meghalaya and Haryana under the chairmanship of Shri J. M. Lyngdoh, Election Commissioner. On the basis of discussions, the Commission selected the following 4 regional centres where officers of the level of Collectors will be trained in electoral management and administration.

SI. No. 1.

Names of the Training Centres Mahatma Gandhi State Institute of Public Administration, Chandigarh

States / UTs covered 1. Punjab 2. Haryana 3. U.P. 4. J & K 5. Delhi 6. H.P. 7. Chandigarh

OTHER INITIATIVES

SI. No. 2.

389

States / UTs covered

Names of the Training Centres Yashwantrao Chavan Academy of Development Administration, Pune

1. 2. 3. 4. 5. 6. 7.

Rajasthan Maharashtra Gujarat Goa M. P. Dadra & Nagar Haveli Daman & Diu

3.

Administrative Training Institute, Mysore

1. Karnataka 2. Tamil Nadu 3. Kerala 4. Andhra Pradesh 5. Pondicherry 6. Andaman & Nicobar Islands, Lakshdweep

4.

Gopalbandhu Academy of Administration, Bhubaneswar

1. Bihar 2. Orissa 3. Assam 4. Meghalaya 5. Manipur 6. Tripura 7. Nagaland 8. West Bengal 9. Arunachal Pradesh 10. Sikkim 11. Mizoram

Chief Election Commissioner then requested all Chief Ministers / Lt. Governors / Administrators of all States / UTs to nominate 3 or 4 officers of the rank of Collectors ADMs from their respective States to the said regional institutes. The Commission also requested the Chief Ministers of the four States where the Regional Institutes are located to provide necessary infrastructure so as to enable the Institute to conduct the said training smoothly and efficiently.

MAJOR EVENTS & NEW INITIATIVES

390

On 17.1.1998, a meeting of the Core Group was held in the Commission's Secretariat to finalise course modules for proposed training programme in Electoral Management and Administration. Representatives of the nominated two Regional Institutes and Lai Bahadur Shastri National Academy of Administration and representative of DOPT, Government of India were present in the meeting. Based on the inputs received, training in various aspect of Electoral Management to all the Returning Officers / Electoral Registration Officers is being organised. For the purpose, all District Election Officers and Deputy District Election Officers and officers like Additional District Magistrate (Election), are to be trained at the aforementioned 4 Regional Institutes. The said officers were, in turn, to train other officers, like, Returning Officers of the Assembly Constituencies and Assistant Electoral Registration Officers, etc., in their respective Districts. Till date, the following training programme on Electoral Management and Administration have been conducted by the aforesaid 4 institutes :SI. No.

1.

2.

Names of the Institutes

Administrative Training Institute Lalitha Mahal Road Mysore - 570011 Karnataka Yashwantrao Chavan Academy of Development Administration Raj Bhawan Complex Ganeshkhind Banner Road Pune - 411007 Maharashtra

Duration of Training

i)

13.7.98 to 17.7.98 ii) 17.9.98 to 21.9.98 7.9.98 to 11.9.98

Numbers of Officers imparted Training 18 21

12

OTHER INITIATIVES

SI. No.

3.

391

Duration of Training

Names of the Institutes

Mahatma Gandhi State Institute of Public Administration Chandigarh Punjab

i) ii) iii) iv) v) vi)

4.

Gopalbandhu Academy of Administration Chandrasekharpur Bhubaneshwar - 751016 Orissa

i)

12.10.98 to 16.10.98 16.11.98 to 20.11.98 15.2.99 to 19.2.99 13.12.99 to 17.12.99 17.1.2000 to 21.1.2000 14.2.2000 to 18.2.2000

8.12.97 to 12.12.97 ii) 14.12.98 to 18.12.98

Numbers of Officers imparted Training 11 15 15 10 13 10

19 11

MAJOR EVENTS & NEW INITIATIVES

392

International Co-operation With its vast experience of conducting elections in the largest democracy of the world over the last five decades, the Election Commission of India is now regarded as a great store-house of expertise and in-depth knowledge of election laws and procedures. The Commission uses the cheapest, yet most effective, technology to conduct elections, to which more and more countries, particularly the developing democracies in Asia and Africa, are getting attracted and showing keep interest to adopt the same in their electoral system. India is a founding member of the International Institute for Democracy and Electoral Assistance (IDEA), Stockholm, Sweden. In the recent past, the Election Commission of India has greatly expanded international contacts by way of sharing of experience and expertise in the areas of Electoral Management and Administration, Electoral Laws and Reforms. Delegates of the Commission have visited Sweden, U.K., Russia, Bangladesh and the Philippines in recent years. Election Officials from the national electoral bodies and other delegates from several countries — Australia, Bangladesh, Burkino Faso, Ethiopia, Guyana, Mauritius, Mongolia, Nepal, Nigeria, Peru, Russia, South Africa, Sri Lanka, Sudan, Surinam, Thailand, Uganda, United States, Yemen and Zambia have visited the Commission for a better understanding of the Indian Electoral Process. A list of delegation from foreign countries is at Statement I. The Commission has also provided experts and observers for elections to other countries. In co-operation with the United Nations, the Commonwealth Secretariat and International agencies like IDEA, the Commission has deputed its officers as observers and volunteers for elections in Algeria, Cambodia, Nigeria, Indonesia, Malawi, Russia and South Africa. The Commission has also extended co-operation to countries by providing essential material for use in elections. Indelible ink was provided to Nigeria, Nepal and Mongolia in the recent past.

OTHER INITIATIVES

393

Statement I

List of Foreign Delegations (1996 onwards) Names of Countries Australia

South Africa

Bangladesh

Sri Lanka

Burkino Faso

Sudan

Ethiopia

Surinam

Guyana

Thailand

Mauritius

U.K.

Mongolia

U.S.A.

Nepal

Uganda

Peru

Yemen

Russia

Zambia

MAJOR EVENTS & NKW INITIATIVES

394

Publications The Commission has been publishing reports on General Elections to Lok Sabha and Legislative Assemblies since 1952 onwards. The reports used to be in two parts; i.e. Narrative and Statistical. This practice continued up to the year 1982. In 1983, the Commission decided to bring out the Annual Report in narrative form and the Statistical reports continued to be published after General Elections to Lok Sabha and Legislative Assemblies from time to time. The period since 1996 has seen three General Elections in rapid frequency. In order to cater to the requirements of different manuals and instructions for Returning Officers, Presiding Officers, Polling Officers, Counting Agents, Candidates etc. the Commission revised and published a number of manuals and handbooks and ensured that it reached the remotest corner of the country where the Returning Officers, Presiding Officers, Polling Officers etc. are located. In its endeavour to enrich knowledge about election laws and rules, the Commission brought out an important publication "Landmark Judgements on Election Laws" in two volumes. These are compilations of important judgement pronounced by the Supreme Court, High Courts and Election Commission of India. A multi-coloured brochure "Electoral System in India" was published in 1999 to provide an overview of the entire electoral process and the magnitude of the tasks involved in the conduct of free and fair elections which is the bed-rock of Indian democracy. A list of publications of the Commission is placed at Statement II.

OTHER INITIATIVES

395

Statement II

List of Commission's Publications (1996 onwards) SI. No.

Names of the Publications

1.

Statistical Report on General Election, 1995 to the Legislative Assembly of Arunachal Pradesh.

2.

Statistical Report on General Election, 1995 to the Legislative Assembly of Gujarat.

3.

Statistical Report on General Election, 1995 to the Legislative Assembly of Maharashtra.

4.

Statistical Report on General Election, 1995 to the Legislative Assembly of Manipur.

5.

Statistical Report on General Election, 1995 to the Legislative Assembly of Orissa.

6.

Statistical Report on General Election, 1995 to the Legislative Assembly of Bihar

7.

Statistical Report on General Election, 1996 to the Legislative Assembly of West Bangal.

8.

Statistical Report on General Election, 1996 to the Legislative Assembly of Pondicherry.

9.

Statistical Report on General Election, 1996 to the Legislative Assembly of Haryana.

10.

Statistical Report on General Election, 1996 to the Legislative Assembly of U.P.

11.

Statistical Report on General Election, 1996 to the Legislative Assembly of Assam.

12.

Statistical Report on General Election, 1996 to the Legislative Assembly of Jammu & Kashmir.

MAJOR EVENTS & NEW INITIATIVES

396

SI. No.

Names of the Publications

13.

Statistical Report on General Election, 1996 to the Legislative Assembly of Tamil Nadu.

14.

Statistical Report on General Election, 1996 to the Election of Lok Sabha Vol. I, II, III.

15.

Statistical Report on General Election, 1997 to the Legislative Assembly of Kerala.

16.

Statistical Report on General Election, 1997 to the Legislative Assembly of Punjab.

17.

Handbook for Candidates, 1997.

18.

Handbook for Polling Agents, 1997.

19.

Handbook for Presiding Officers, 1997-98.

20.

Handbook for Counting Agents, 1997.

21.

Manual of Election Law, 1997 (English).

22.

Manual of Election Law, 1997 (Hindi).

23.

Manual of Election Law, 1997 (Addenda).

24.

Handbook for Returning Officers, 1998.

25.

Handbook for Returning Officers, (EVMs), 1998.

26.

Handbook for Presiding Officers, (EVMs), 1998.

27.

Handbook for Candidates (EVMs), 1998.

28.

Handbook for Counting Agents (EVMs), 1998.

29.

Handbook for Polling Agents (EVMs), 1998.

30.

Compendium of Instructions, 1998.

31.

Model Code of Conduct, 1998 (English).

32.

Handbook for Candidates (Addenda).

33.

Handbook for ROs (Addenda).

OTHER INITIATIVES

SI. No.

Names of the Publications

34.

Political Parties & Election Symbols, 1998.

35.

Statistical Report on General Election, 1998 to the 12th Lok Sabha, Vol. I (National & State, Abstracts) Ver. I.

36.

Statistical Report on General Election, 1998 to the 12th Lok Sabha, Vol. I.

37.

Statistical Report on General Election, 1998 to the 12th Lok Sabha, Vol. II (Constituency data Summary).

38.

Statistical Report on General Election, 1998 to the 12th Lok Sabha, Vol. Ill (Detailed Results).

39.

Supplementary list of persons disqualified under Sections 8A, 11A (2) and 10(A) of the Representation of the People Act, 1951(for the period 1.1.98 to 30.9.98) in English / Hindi version , 1998.

40.

Statistical Report on General Election, 1998 to the Legislative Assembly of Meghalaya.

41.

Statistical Report on General Election, 1998 to the Legislative Assembly of Tripura.

42.

Statistical Report on General Election, 1998 to the Legislative Assembly of Nagaland.

43.

Statistical Report on General Election, 1998 to the Legislative Assembly of H.P.

44.

Statistical Report on General Election, 1998 to the Legislative Assembly of Gujarat.

45.

Statistical Report on General Election, 1998 to the Legislative Assembly of Madhya Pradesh.

46.

Statistical Report on General Election, 1998 to the Legislative Assembly of Mizoram.

47.

Statistical Report on General Election, 1998 to the Legislative Assembly of NCT of Delhi.

397

MAJOR EVENTS & NHW INITIATIVES

398

SI. No.

Names of the Publications

48.

Statistical Report on General Election, 1998 to the Legislative Assembly of Rajasthan.

49.

Landmark Judgement on Election Law (Two volumes)

50.

List of persons disqualified under Sections 8A, 11A (2) and 10A of the Representation of People Act, 1951 (English) Vol-I and II (As on 30.6.99).

51.

List of persons disqualified under Sections 8A, 11A(2) and 10A of the Representation of People Act, 1951 (Hindi) Vol-I and II (As on 30.6.99).

52.

Compendium of Instruction, 1999, Vol-II.

53.

Political Parties & Election Symbols, 1999.

54.

Electoral in India by Dr. M. S. Gill.

55.

Electoral System in India — (Multi-colour).

56.

Electoral Reforms (Views & Proposals).

57.

Indian Elections by Dr. M. S. Gill.

58.

Guidelines for Observers General Election 1999.

59.

Guidelines for Management of Data General Election 1999.

60.

Legislative Assemblies of M.P., Mizoram, Rajasthan, and NCT of Delhi "Arrangement for Flow of Data".

61.

Schedule of Election, General Election 1999.

62.

Handbook for IX Vidhan Sabha General Election 1998, Rajasthan.